Gregory Eugene Thompson - Page 2




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          from his retirement account in his income in 2004.  We hold that            
          he should have included the distribution in income in 2004.  The            
          second issue is whether petitioner is liable for the 10-percent             
          additional tax on the distribution from his retirement account              
          under section 72(t).  We hold that he is.  The third issue is               
          whether petitioner is liable for the accuracy-related penalty               
          under section 6662.  We hold that he is.  The fourth issue is               
          whether we should impose a penalty on petitioner under section              
          6673.  We hold that we shall not impose a penalty in this case,             
          but caution petitioner that he is at risk of a penalty if he                
          brings similar arguments before the Court in the future.                    
                                     Background                                       
               This case was submitted fully stipulated pursuant to Rule              
          122, and the facts are so found.  The stipulation of facts, the             
          supplemental stipulation of facts, and the accompanying exhibits            
          are incorporated by this reference.  Petitioner resided in                  
          Humansville, Missouri, at the time he filed the petition.                   
               Petitioner was the superintendent of schools for the                   
          Humansville R-IV school district in Humansville, Missouri.                  
          Petitioner had a retirement account with the school district                
          regarding his employment, which account was administered by the             
          Public School Retirement System of Missouri (PSRS).  The parties            
          agree that the PSRS retirement plan was a qualified plan under              
          section 401(a).                                                             
               Petitioner’s employment was terminated in September 2004.              
          After the termination, petitioner contacted PSRS to determine how           






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