- 2 - Respondent determined a deficiency in Federal income tax for petitioner’s 2002 taxable year. After concessions, the amount in dispute is $2,352. The issue we must decide is whether petitioner is liable for the 10-percent additional tax on early distributions pursuant to section 72(t) due to a distribution from his qualified retirement plan. Background At the time of filing the petition in the instant case, petitioner resided in Jacksonville, Florida. During taxable year 2002, petitioner received a $23,520.78 distribution from a qualified retirement plan with Financial Administrative Services Corporation (FASC). The Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., issued by FASC characterized the distribution as a taxable early distribution. Petitioner reported the distribution as income on his 2002 tax return but did not report the 10-percent additional tax on his 2002 tax return. Discussion We decide the instant case on the record without regard to section 7491(a). Section 72(t)(1) imposes a 10-percent additional tax on early distributions from qualified retirement plans unless the distribution meets one of the exceptions enumerated in section 72(t)(2). Petitioner was 45 years old asPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011