Stacey Lynn. Reese - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $3,291.90 for 2003.1  The issue for decision is               
          whether petitioner is liable for the 10-percent additional tax on           
          an early distribution under section 72(t).                                  
                                     Background                                       
               The stipulated facts and the exhibits received into evidence           
          are incorporated herein by reference.  At the time the petition             
          in this case was filed, petitioner resided in Winneconne,                   
          Wisconsin.                                                                  
               In August 2001, petitioner’s former husband was involved in            
          a diving accident and became a quadriplegic.  From August 2001 to           
          September 2003, petitioner was employed, but she resigned at the            
          end of 2003 to care for her two young children.  During 2003,               
          because of financial hardship, petitioner took a lump-sum                   
          distribution of $32,917 from her 401(k) account maintained by her           
          former employer (distribution).  Petitioner used the funds to pay           
          normal day-to-day living expenses.  Petitioner had not yet                  
          reached the age of 55 in 2003.                                              
               On April 15, 2004, petitioner electronically filed a Form              
          1040, U.S. Individual Income Tax Return, for 2003.  The                     
          distribution was reported as income on the return.                          




               1In the statutory notice of deficiency, respondent                     
          determined that petitioner is liable for a 10-percent additional            
          tax of $3,291.70 and a child care credit adjustment of $.20.                




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