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