Charles J. Olintz - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax for 2002 in the amount of $5,361 and the accuracy-               
          related penalty under section 6662(a) in the amount of $1,072.              
               The principal issue is whether petitioner is liable for the            
          10-percent additional tax under section 72(t) for an early                  
          distribution from a qualified retirement plan, and whether                  
          petitioner is liable for the penalty under section 6662(a).2                
               Some of the facts were stipulated and are incorporated                 
          herein.  At the time the petition was filed, petitioner resided             
          in Melbourne, Florida.                                                      
               Petitioner was an employee of Bell Atlantic for 10 years.              
          Bell Atlantic, either by merger or other type of corporate                  
          reorganization, became known as Verizon or Verizon                          
          Communications.  During the year 1999, petitioner retired.  At              
          the time of his retirement, petitioner was 56 years old.                    
               As an employee, petitioner was a participant in two pension            
          plans of his employer.  One plan was described as a “Direct                 
          Savings Account Plan”, and the other plan was described as a                
          “401(k) plan”.  Both plans were qualified plans under section               
          401.  The issue in this case arises from a withdrawal by                    


               2The notice of deficiency also included an adjustment of $62           
          in unreported interest income.  Petitioner conceded that issue at           
          trial.  Petitioner also reported nonemployee compensation of                
          $2,354, which he reported as other income on his income tax                 
          return.  In the notice of deficiency, respondent determined that            
          this income was subject to self-employment tax.  Petitioner did             
          not challenge that determination.                                           




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