Eugenie Denise Mitchell - Page 4

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          tax on the $17,422 in early distributions petitioner received               
          from her annuity and SEP-IRA accounts.                                      
               Also, on her 2001 tax return petitioner claimed a section              
          162(l) ordinary deduction of $1,925, the amount allowable under             
          section 162(l)(1)(B), relating to the $3,209 in health insurance            
          premiums paid by petitioner’s law partnership on petitioner’s               
          behalf.                                                                     
               On January 23, 2004, respondent mailed to petitioner a                 
          notice of deficiency with respect to petitioner’s 2001 individual           
          Federal income tax in which respondent determined that petitioner           
          was liable for the section 72(t) 10-percent additional tax in the           
          amount of $1,742 on the total $17,422 in early distributions                
          petitioner received in 2001 from her annuity and her SEP-IRA                
          accounts.                                                                   
               At trial, petitioner stipulated the applicability of the               
          section 72(t) 10-percent additional tax on the $2,000 early                 
          distribution from her SEP-IRA account.                                      
               Petitioner disputes the applicability of the section 72(t)             
          10-percent additional tax only on the $15,422 in early                      
          distributions petitioner received from her annuity accounts.                

                                       OPINION                                        
               Generally, under the flush language of section 403(b)                  
          amounts contributed to retirement annuity accounts by tax-exempt            
          section 501(c)(3) organizations on behalf of their employees are            





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