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of the date of trial. He was not disabled and did not use the
distribution to pay for qualified higher education expenses or to
purchase his first home. See sec. 72(t)(2)(A), (E), (F). At
trial, petitioner presented no evidence that he qualified for any
of the exceptions enumerated in section 72(t)(2). Accordingly,
we hold that petitioner is liable for the 10-percent additional
tax of $2,352 pursuant to section 72(t)(1).
To reflect the foregoing,
Decision will be entered
for respondent.
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Last modified: May 25, 2011