Legal Opinion

Gee v. Comm'r

United States Tax Court

Decided July 24, 2006No. 8755-05Published

P rolled over a distribution from her deceased husband's individual retirement account (IRA) into her separate IRA upon her husband's death. Four years later, P received a distribution from her IRA.

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P rolled over a distribution from her deceased husband's individual retirement account (IRA) into her separate IRA upon her husband's death. Four years later, P received a distribution from her IRA. She claims that the distribution was an amount received from her deceased husband's IRA and therefore exempt from the 10-percent additional tax on early distributions under sec. 72(t)(2)(A)(ii), I.R.C., as a distribution to a beneficiary upon a decedent's death. 1. Held: P received an early distribution from her own IRA subject to the sec. 72(t), I.R.C.,additional tax. The amount received from P's…

1Opinion of the Court

CHARLOTTE AND CHARLES T. GEE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Gee v. Comm'r

No. 8755-05

United States Tax Court

127 T.C. 1; 2006 U.S. Tax Ct. LEXIS 20; 127 T.C. No. 1;

July 24, 2006, Filed

P rolled over a distribution from her deceased husband's

individual retirement account (IRA) into her separate IRA upon

her husband's death. Four years later, P received a distribution

from her IRA. She claims that the distribution was an amount

received from her deceased husband's IRA and therefore

exempt from the 10-percent additional tax on early distributions

under sec. 72(t)(2)(A)(ii),…

2Cases cited4 opinions

  1. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  2. Hitchins v. CommissionerUnited States Tax Court · 1994
  3. Dwyer v. CommissionerUnited States Tax Court · 1996
  4. Gee v. Comm'rUnited States Tax Court · 2006

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