Charles M. Rideaux - Page 3

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               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.                                             










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