- 2 -
Respondent determined a deficiency in petitioner’s Federal
income tax of $6,025.70 for 2003. The issue for decision is
whether a qualified retirement plan distribution was attributable
to petitioner’s being “disabled” within the meaning of section
72(m)(7), thereby excepting him from liability for the section
72(t) 10-percent additional tax.
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 Anaheim,
California.
Petitioner was employed by Southern California Edison Co.
(Southern Cal) as a boiler mechanic for 20 years. He worked for
Southern Cal until his retirement in March of 2003.
As a boiler mechanic, petitioner’s job was to maintain power
generating stations, which required him to engage in “heavy
work”. When working on a boiler, petitioner was required to lift
large pieces of metal with his coworkers that weighed between
250-300 pounds. Petitioner’s responsibilities included, among
other things, replacing valves, doing boiler overhauls, welding
on a steel platform on his knees, and constructing parts for
maintenance of the power plant.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011