Anna E. and Mark S. Warrington - Page 4




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          point, Ms. Warrington began seeing a general practitioner, Dr.              
          O’Brien.  Petitioners submitted medical records dated June 2004             
          pertaining to Ms. Warrington’s medical treatment during the                 
          relevant timeframe, indicating that she was unable to perform               
          work.                                                                       
               Because Ms. Warrington could not work in 2004, her family              
          suffered from financial problems.  As a result, she withdrew                
          money from her retirement account in July or August of 2004.  Ms.           
          Warrington began working in 2005 for Comcast in its customer                
          service department.  Although she had some setbacks, on December            
          20, 2005, Ms. Warrington’s physician wrote in his office notes              
          that Ms. Warrington could return to work without restrictions.              
          Ms. Warrington earned wages of $7,653 in 2005 and was employed as           
          of the date of trial.                                                       
               Petitioners filed their 2004 joint Federal income tax return           
          on April 15, 2005.  On the return, petitioners reported income              
          from pensions and annuities in the amount of $80,559.  Respondent           
          issued a notice of deficiency, in which he asserted an increase             
          in tax of $8,055.90 pursuant to section 72(t) for an early                  
          distribution from Ms. Warrington’s retirement account in 2004.              
          Ms. Warrington was 45 years old in 2004.                                    
                                     Discussion                                       
               As a general rule, the Commissioner’s determinations set               
          forth in a notice of deficiency are presumed correct, and the               







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