- 6 - 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 72(m)(7), means: [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 indefinite duration. 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007