- 2 - 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011