- 3 - 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 thePage: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007