-4- distribution as income in 2004, that petitioner was liable for the 10-percent additional tax on the distribution under section 72(t), and that petitioner was liable for the accuracy-related penalty. Petitioner timely filed a petition. Discussion We are asked to consider whether petitioner was required to include the distribution from his retirement account in his income for 2004, the year he received it, or 2005, the year he intended to spend it. We are also asked to consider whether petitioner is liable for the 10-percent additional tax on the distribution under section 72(t) and whether petitioner is liable for the accuracy-related penalty. We shall finally consider whether to impose a penalty on petitioner under section 6673. We shall consider each of these issues in turn.2 I. Whether the Distribution Is Includable in Income for 2004 We first consider whether petitioner should have included the distribution from his retirement account in his income for 2004, the year he received the distribution. We begin by outlining the governing law. Gross income includes all income from whatever source derived. Sec. 61(a). This includes items included under section 72 (relating to annuities and retirement accounts). Sec. 61(b). 2Petitioner does not claim the burden of proof shifts to respondent under sec. 7491(a). Petitioner also did not establish he satisfies the requirements of sec. 7491(a)(2). We therefore find that the burden of proof remains with petitioner as to any factual issue affecting his liability for the deficiency in his tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007