- 5 - Discussion Section 72(t) provides for an additional tax of 10 percent on any amount received as an early distribution from a qualified retirement plan. Notably, the section 72(t) additional tax does not apply in certain situations, and the situation on which petitioner’s argument relies is described in section 72(t)(2)(C). That section provides that distributions from qualified retirement plans are not subject to the additional 10-percent tax if they are made pursuant to a QDRO within the meaning of section 414(p)(1). However, section 72(t)(3)(A) provides that the exception for distributions pursuant to a QDRO does not apply to distributions from an individual retirement plan. Sec. 72(t)(2)(C), (3)(A). The term “individual retirement plan” is defined as an individual retirement account or an individual retirement annuity. Sec. 7701(a)(37). Assuming arguendo that the Order was, in fact, a QDRO, the exception provided by section 72(t)(2)(C) is not applicable because the distribution at issue was made from petitioner’s IRA. Therefore, we must sustain respondent’s determination, and conclude that petitioner is liable for the additional tax of 10 percent on the $11,572 early distribution from his IRA, pursuant to section 72(t).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011