-2- Additions to Tax/Penalties Year Deficiency Sec. 6651(a)(1) Sec. 6662(a) 1999 $94,699.32 $23,674.83 $12,793.13 2000 1,000.00 None None Unless stated otherwise, all section references in this opinion are to the Internal Revenue Code as in effect during the years in issue. The issues for decision are: (1) Whether the distributions received by petitioners during 1999 and 2000 from petitioner Ramzy M. Kopty’s individual retirement account (IRA) in the aggregate amounts of $331,500 and $10,000, respectively, are includable in petitioners’ gross income, pursuant to section 408(d); (2) whether petitioners are subject to the 10-percent additional tax on early distributions imposed by section 72(t) on the distributions received by petitioners from Mr. Kopty’s IRA during 1999 and 2000; (3) whether petitioners are liable for the addition to tax of $23,674.83 determined by respondent under section 6651(a)(1) for failure to file a timely return for 1999; and (4) whether petitioners are subject to the accuracy-related penalty of $12,793.13 determined by respondent under section 6662(a) with respect to their 1999 return. FINDINGS OF FACT Petitioners are husband and wife. They resided in Waterloo, Belgium, at the time they filed their petition in this case. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008