- 6 - 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 premiumsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011