James K. Moyer - Page 3

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               Respondent determined a deficiency of $1,157 in petitioner’s           
          2002 Federal income tax.  The issue for decision is whether                 
          petitioner is liable for the 10-percent additional tax under                
          section 72(t) on a $11,572.40 early distribution from his                   
          individual retirement account (IRA).                                        
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Argos, Indiana.                            
               In 1989, petitioner and his girlfriend, Melinda K. Garrison            
          (Ms. Garrison), had a son.  Petitioner and Ms. Garrison never               
          married.  When the child was 7 years old, Ms. Garrison                      
          successfully petitioned the Marshall County, Indiana, Child                 
          Support Division, for an Order of Support.  Thereafter,                     
          petitioner paid weekly child support to Ms. Garrison in the                 
          amount of $108, which was taken by an automatic deduction from              
          his paycheck.                                                               
               Petitioner worked as a laborer at Lobdell-Emery, an                    
          automotive parts manufacturing plant, at the time that the Order            
          of Support was entered.  Petitioner was employed at Lobdell-Emery           
          until June 2001, when the company decided to close its Indiana              
          plant and relocate its operations to Mexico.  While employed at             
          Lobdell-Emery, petitioner participated in the company’s section             






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