Legal Opinion

Gee v. Comm'r

United States Tax Court

Decided July 24, 2006No. 8755-05PublishedCited by 8 opinions

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

OPINION

Kroupa, Judge:

Respondent determined a $97,789 deficiency in petitioners’ Federal income tax for 2002 and determined that petitioners are liable for the accuracy-related penalty under section 6662(a)1 for 2002.

There are two issues for decision. The first issue is whether a $977,888 distribution petitioner Charlotte Gee (petitioner) received in 2002 from an individual retirement account (IRA) she maintained only in her name, and which had been funded in part with a rollover from her deceased husband’s IRA, is subject to the 10-percent additional tax on early distributions under section…

2Cases cited3 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

3Cited by8 opinions

  1. Stolkin v. Comm'rUnited States Tax Court · 2008
  2. Charlotte and Charles T. Gee v. CommissionerUnited States Tax Court · 2006
  3. Drakes v. Comm'rUnited States Tax Court · 2012
  4. Gee v. Comm'rUnited States Tax Court · 2006
  5. Gwendolyn L. Kestin v. CommissionerUnited States Tax Court · 2019

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