Stacey Lynn. Reese - Page 4

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               Respondent subsequently issued to petitioner a statutory               
          notice of deficiency for 2003.  Respondent determined that                  
          petitioner is liable for a 10-percent additional tax on the                 
          distribution under section 72(t), because she received the                  
          distribution prematurely.                                                   
                                     Discussion                                       
               Section 72(t)(1) generally imposes a 10-percent additional             
          tax on premature distributions from “a qualified retirement plan            
          (as defined in section 4974(c))”, unless the distributions come             
          within one of the statutory exceptions under section 72(t)(2).              
          The parties do not dispute that petitioner’s 401(k) account was a           
          qualified retirement plan.                                                  
               The legislative purpose underlying the section 72(t) tax is            
          that “premature distributions from IRAs frustrate the intention             
          of saving for retirement, and section 72(t) discourages this from           
          happening”.  Arnold v. Commissioner, 111 T.C. 250, 255 (1998)               
          (quoting Dwyer v. Commissioner, 106 T.C. 337, 340 (1996)); S.               
          Rept. 93-383, at 134 (1974), 1974-3 C.B. (Supp.) 80, 213.  The              
          Court has repeatedly held that it is bound by the statutory                 
          exceptions enumerated in section 72(t)(2).  See, e.g., Arnold v.            
          Commissioner, supra at 255-256; Schoof v. Commissioner, 110 T.C.            
          1, 11 (1998).  Petitioner has not shown that she comes within any           
          of the exceptions to the 10-percent additional tax under section            
          72(t)(2).                                                                   





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