Steven Rudolph Kaldi - Page 7
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temporal lobe spiking causes “severe anxiety and panic attacks”
and prevented him from working for several years. As proof of
this disability, he offered a copy of his card from the Veterans’
Administration showing that he is a “service-connected, disabled
veteran receiving medical benefits”.
While we do not doubt petitioner’s ongoing mental health
issues, from the testimony and evidence presented at trial, these
issues do not rise to the level of “disability” as contemplated
by the Internal Revenue Code for relief from the additional tax
imposed by section 72(t). “Disabled”, as defined in section
[being] unable to engage in any substantial gainful
activity by reason of any medically determinable
physical or mental impairment which can be expected
to result in death or to be of long-continued and
See also sec. 1.72-17A(f)(3), Income Tax Regs.
Petitioner testified at trial that he was better and had
previously been able to regain control of his affairs; thus, his
disability was clearly not of long-continued duration. See sec.
72(m)(7). He also testified that he had begun a professional
comeback and was “recovering from” his disability. Accordingly,
the Court remains unconvinced that petitioner’s disability
warrants inclusion under the exception to section 72(t). See
sec. 1.72-17A(f)(2) and (4), Income Tax Regs.
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Last modified: November 10, 2007