Eugenie Denise Mitchell - Page 6

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          definition of “qualified retirement plans” (to which section                
          72(t) literally applies) the referenced section 4974(c) includes,           
          among other things, employee annuity accounts established by                
          section 501(c)(3) organizations.                                            
               Excepted from the above section 72(t) 10-percent additional            
          tax on early distributions are certain distributions relating to            
          medical expenses and health insurance premiums.  See sec.                   
          72(t)(2)(B).  The section 72(t) 10-percent additional tax will              
          not apply to the extent that the early distributions are equal in           
          amount to unreimbursed medical expenses including health                    
          insurance premiums which the employees who received the                     
          distributions paid during the year and to the extent that the               
          medical expenses including health insurance premiums would be               
          allowable as tax deductions under section 213.  Id.                         
               The language of section 72(t)(2)(B) provides as                        
          follows:                                                                    

               Medical expenses. Distributions made to the employee                   
               * * * to the extent such distributions do not exceed the               
               amount allowable as a deduction under section 213 to the               
               employee for amounts paid during the taxable year for                  
               medical care (determined without regard to whether the                 
               employee itemizes deductions for such taxable year).                   

               Although in 2001 petitioner’s law partnership paid a total             
          of $3,209 in health insurance premiums, because petitioner                  
          claimed $1,925 thereof as an ordinary deduction, under section              
          162(l) only the $1,284 balance of the health insurance premiums             





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