Gregory Eugene Thompson - Page 4




                                         -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  Next 

Last modified: November 10, 2007