- 5 - T.C. 337, 340 (1996); see also S. Rept. 93-383, at 134 (1973), 1974-3 C.B. (Supp.) 80, 213.5 The 10-percent additional tax does not apply to certain distributions, including distributions: (1) To an employee age 59-1/2 or older; (2) on account of the employee’s disability; (3) as part of a series of substantially equal periodic payments made for the employee’s life (or life expectancy); or (4) to an individual from an IRA which are qualified first-time home buyer distributions.6 Sec. 72(t)(2)(A)(i), (iii), and (iv), (F). Petitioner does not dispute that the $86,333.33 distribution from his IRA was an early distribution from a qualified retirement plan. Indeed, petitioner properly included the distribution in gross income.7 5 At trial, petitioner accurately described his IRA as an account “for my retirement.” This is precisely why a preretirement distribution is generally subject to the 10-percent additional tax and why there are relatively few exceptions. “The legislative purpose underlying the section 72(t) tax is that ‘premature distributions from IRA’s frustrate the intention of saving for retirement, and section 72(t) discourages this from happening.’” Arnold v. Commissioner, 111 T.C. 250, 255 (1998), quoting Dwyer v. Commissioner, 106 T.C. 337, 340 (1996). 6 For purposes of sec. 72(t), the term “employee” includes (in the case of an individual retirement plan) the individual for whose benefit the plan was established. Sec. 72(t)(5). 7 Generally, a distribution from an IRA is includable in the distributee’s gross income in the year of distribution under the provisions of sec. 72. See sec. 408(d)(1); see also sec. 61(a)(9), (11); Arnold v. Commissioner, supra at 253.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007