-8- Petitioner’s son will receive a high school diploma from Randolph-Macon Academy, not a bachelor’s or associate’s degree. Therefore, Randolph-Macon Academy is a secondary school and is not an eligible educational institution under section 529(e)(5). Accordingly, the expenses petitioner paid Randolph-Macon Academy are not qualified higher education expenses, and the IRA distributions are not excepted from the section 72(t) additional tax under section 72(t)(2)(E). Medical Expenses Section 72(t)(2)(B) provides an exception to application of the section 72(t) additional tax for “Distributions made * * * to the extent such distributions do not exceed the amount allowable as a deduction under section 213 * * * for amounts paid during the taxable year for medical care”. Petitioner testified that during 2003 he paid medical expenses relating to his diabetes. He did not present any evidence as to the amount of the medical expenses or their deductibility under section 213. Therefore, petitioner failed to meet his burden of proving that the section 72(t) additional tax should not apply on account of the medical expense exception. Conclusion Petitioner has not argued, and the record is devoid of any evidence that would indicate, that the distributions qualify for any other exception to section 72(t)(1). For the foregoingPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007