Charles M. Rideaux - Page 6

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          Administration (distribution) in 2003.  At the time, petitioner             
          was 50 years old.                                                           
               Petitioner filed a Form 1040, U.S. Individual Income Tax               
          Return, for 2003, on which he included the distribution as                  
          income.  Petitioner claimed on line 2 of Form 5329, Additional              
          Taxes on Qualified Plans (including IRAs) and Other Tax-Favored             
          Accounts, that he was excepted from the additional tax on early             
          distributions, because the distribution was due to total and                
          permanent disability.                                                       
               On December 13, 2004, respondent issued to petitioner a                
          statutory notice of deficiency for 2003.  Respondent determined             
          that petitioner is liable for an additional tax on the                      
          distribution under section 72(t), because his premature                     
          distribution did not meet any of the exceptions enumerated under            
          section 72(t)(2).                                                           
                                     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).              
          One of the exceptions listed is a distribution attributable to              
          the employee’s being disabled within the meaning of section                 
          72(m)(7).  Sec. 72(t)(2)(A)(iii).                                           







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