- 3 - The other distribution, $116,251.20, comprised the employer and pretax employee contributions to petitioner’s 401(k); income tax was withheld from this distribution, and he used a portion of the distribution to pay off personal debts. He used the remainder, approximately $30,000, to assist in the acquisition of his first home. Petitioner timely filed a Form 1040, U.S. Individual Income Tax Return, for 2002. On his return, petitioner properly reported the $116,251.20 distribution as income but did not report the 10-percent additional tax for early distributions under section 72(t). In the notice of deficiency, respondent determined that petitioner was liable for the 10-percent additional tax on the early $116,251.20 distribution (hereinafter the distribution) from his 401(k) plan pursuant to section 72(t). Discussion3 Generally, a distribution from a qualified plan is 3 We decide the issue in this case without regard to the burden of proof because the facts are not in dispute, and the issue is legal in nature. See sec. 7491(a); Rule 142(a); Higbee v. Commissioner, 116 T.C. 438 (2001). In addition, petitioner does not argue that the burden of proof in this case should be shifted to respondent under sec. 7491. Furthermore, as we do not decide the issue in this case on the burden of proof, regardless of whether the $11,625.10 additional tax under sec. 72(t) would be considered an “additional amount” under sec. 7491(c), and regardless of whether the burden of production with respect to this additional tax would be on respondent, respondent in this case has met any such burden of production by showing that petitioner received the distribution when he was 54 years of age. See H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011