Russell Whiting Packer - Page 4

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         a Decree of Dissolution of Marriage (Divorce Without Children)               
         with respect to petitioner’s marriage to Ms. Valentine.                      
              On March 5, 2003, respondent issued to petitioner and Ms.               
         Valentine a statutory notice of deficiency for 1999.  Respondent             
         determined that petitioner and Ms. Valentine are liable for a 10-            
         percent additional tax on the distribution under section 72(t),              
         because Ms. Valentine received the distribution prematurely.                 
         Petitioner filed with respondent a Form 8857, Request for                    
         Innocent Spouse Relief, in which petitioner sought relief from               
         joint and several liability with respect to the 10-percent                   
         additional tax.  Shortly thereafter, petitioner filed a petition             
         with the Court.                                                              
              Petitioner agrees that he had actual knowledge of the                   
         distribution at the time it was made in 1999 and that he was                 
         aware that it was taxable at the time the joint return for 1999              
         was filed.  Petitioner, however, does not agree that he knew a               
         10-percent additional tax under section 72(t) would be imposed on            
         the distribution for early withdrawal.                                       
              Generally, married taxpayers may elect to file a joint                  
         Federal income tax return.  Sec. 6013(a).  After making the                  
         election, each spouse is jointly and severally liable for the                
         entire tax due.  Sec. 6013(d)(3).  A spouse, however, may seek               

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Last modified: May 25, 2011