- 6 - incapacitated from October 2 to December 2, 2003, and from February 1 to April 1, 2004. Dr. Moore further certified that petitioner was “released to full duty” on June 7, 2004. Thus, petitioner should have been capable of engaging in substantial gainful activity as of that date. See Kovacevic v. Commissioner, T.C. Memo. 1992-609 (holding that the taxpayer was not “disabled” within the meaning of section 72(m)(7) even though he suffered from severe depression and was hospitalized twice, because he had not shown that his condition was irremediable). Moreover, as certified by her own physician, petitioner’s disability was not indefinite. The Court finds that petitioner was and is not disabled within the meaning of section 72(m)(7) and is therefore not eligible for the disability exception under section 72(t)(2)(A)(iii). The distribution petitioner received is subject to the 10- percent additional tax under section 72(t). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011