Michael J. Kulzer & Jan K. Bielman-Kulzer - Page 7




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          additional tax on early distributions imposed by section                    
          72(t)(1).                                                                   
               Initially, the Internal Revenue Service promulgated guidance           
          concerning the exception for substantially equal periodic                   
          payments in Notice 89-25, Q&A-12, 1989-1 C.B. 662, 666.  That               
          notice states that payments will be considered to be                        
          substantially equal periodic payments if the annual payment is              
          determined by one of three methods:  (1) Under a method that                
          would be acceptable for purposes of calculating the minimum                 
          distribution required under section 401(a)(9); (2) by amortizing            
          the taxpayer's account balance over the life expectancy of the              
          account owner or the joint life and last survivor expectancy of             
          the account owner and beneficiary at an interest rate that does             
          not exceed a reasonable interest rate on the date payments                  
          commence; or (3) by dividing the taxpayer's account balance by an           
          annuity factor (the present value of an annuity of $1 per year              
          beginning at the taxpayer's age attained in the first                       
          distribution year and continuing for the life of the taxpayer)              
          with such annuity factors derived using a reasonable mortality              
          table and using an interest rate that does not exceed a                     
          reasonable interest rate on the date payments commence.                     
               Notice 89-25, supra, also refers to the so-called recapture            
          rule set forth in section 72(t)(4) which applies if the series of           
          periodic payments is subsequently modified (other than by death             







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