-5- Distributions made as part of a series of substantially equal periodic payments (made at least annually) for your life (or life expectancy) or the joint lives (or joint life expectancies) of you and your designated beneficiary (if from an employer plan, payments must begin after separation from service). During 2003 petitioners received a distribution of $36,439 from OCTFCU. Petitioner claims that petitioners retained $12,000 of that amount and rolled over the remainder, $24,439, to another retirement account. During 2004 petitioners received a distribution of $70,000 from Pershing, LLC. Mr. Kulzer claims that petitioners retained $12,000 of that amount and rolled over the remainder, $58,000, to another retirement account. Finally, during 2005 petitioners received a distribution of $17,000, but the record does not disclose the payor of that distribution. As stated above, the sole issue is whether the distribution of $25,000 from petitioner's IRA account with OCTFCU, which is reported on petitioners' return for taxable year 2002, is subject to the 10-percent additional tax imposed by section 72(t)(1) on early distributions from qualified retirement plans. Petitioners argue that the distribution is one of a series of substantially equal annual payments made for petitioner's life expectancy and, as such, is not subject to the additional tax, pursuant to section 72(t)(2)(A)(iv). Petitioners concede that if the subject distribution does not qualify for the exception provided by section 72(t)(2)(A)(iv), then it is subject to the 10-percentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008