- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011