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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 foregoing
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