Legal Opinion

Benz v. Comm'r

United States Tax Court

Decided May 11, 2009No. 15867-07Published

In 2002 P-W elected to receive a series of substantially equal periodic payments from her individual retirement account (IRA) that qualified for a statutory exception to the 10-percent additional tax imposed on early distributions pursuant to sec. 72(t)(2)(A)(iv), I.R.C.Sec. 72(t)(4), I.R.C., provides that an employee who modifies a series of periodic payments within the first 5 years (other than by reason of the employee's death or disability) is liable for the 10-percent…

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In 2002 P-W elected to receive a series of substantially equal periodic payments from her individual retirement account (IRA) that qualified for a statutory exception to the 10-percent additional tax imposed on early distributions pursuant to sec. 72(t)(2)(A)(iv), I.R.C.Sec. 72(t)(4), I.R.C., provides that an employee who modifies a series of periodic payments within the first 5 years (other than by reason of the employee's death or disability) is liable for the 10-percent additional tax. In 2004 P-W received distributions from her IRA for higher education expenses pursuant to sec.…

1Opinion of the Court

GREGORY T. AND KIM D. BENZ, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Benz v. Comm'r

No. 15867-07

United States Tax Court

132 T.C. 330; 2009 U.S. Tax Ct. LEXIS 14; 132 T.C. No. 15;

May 11, 2009, Filed

In 2002 P-W elected to receive a series of substantially equal periodic payments from her individual retirement account (IRA) that qualified for a statutory exception to the 10-percent additional tax imposed on early distributions pursuant to sec. 72(t)(2)(A)(iv), I.R.C.Sec. 72(t)(4), I.R.C., provides that an employee who modifies a series of periodic payments within the first 5…

2Cases cited3 opinions

  1. Dwyer v. CommissionerUnited States Tax Court · 1996
  2. Arnold v. CommissionerUnited States Tax Court · 1998
  3. Benz v. Comm'rUnited States Tax Court · 2009

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