Eugenie Denise Mitchell - Page 8

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               Petitioner counters that an additional exception under                 
          section 72(t)(2)(D) should apply to the full extent of the $3,209           
          in health insurance premiums that petitioner’s law partnership              
          paid in 2001 on petitioner’s behalf.  However, this limited                 
          exception that petitioner relies on relating to health insurance            
          premiums applies only to early distributions from individual                
          retirement accounts such as the early distributions from                    
          petitioner’s SEP-IRA, not to early distributions from annuity               
          accounts and carries with it many other limitations not satisfied           
          by the evidence herein.  See sec. 72(t)(2)(D).                              
               As indicated, petitioner has conceded that the $2,000 early            
          distribution from her SEP-IRA does not qualify for an exception             
          to the section 72(t) 10-percent additional tax.                             
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        under Rule 155.                               


















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