HOI THI HUYNH, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent, UNITED STATES TAX COURT - MEMORANDUM DECISION, T.C. Memo. 2008-27, Docket No. 22381-06., Filed February 12, 2008

HOI THI HUYNH, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

UNITED STATES TAX COURT - MEMORANDUM DECISION

T.C. Memo. 2008-27

Docket No. 22381-06.

Filed February 12, 2008.

Hoi Thi Huynh, pro se.

Tracy Hogan , for respondent.

MEMORANDUM FINDINGS OF FACT AND OPINION

FOLEY, Judge : The issue for decision is whether petitioner is liable for a section 72(t) ¹ 10-percent additional tax relating to distributions from a qualified retirement plan.

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¹ ═ Unless otherwise indicated, all section references are to the Internal Revenue Code of 1986, as amended.

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FINDINGS OF FACT

Until October 2003, petitioner was employed as a math teacher with the City of Chicago. While employed as a teacher, petitioner acquired an annuity account with AXA Equitable, a qualified retirement plan. In 2004, petitioner received distributions from AXA Equitable of $5,478 and $8,961. Petitioner reported, on her 2004 tax return, the distributions as income from pensions and annuities.

On July 31, 2006, respondent issued petitioner a notice of deficiency relating to 2004 and determined that petitioner was liable for a 10-percent additional tax with respect to the distributions.

Petitioner filed her petition with the Court on November 2, 2006, while residing in Chicago, Illinois.

OPINION

A 10-percent additional tax is imposed upon distributions from a qualified retirement plan, unless one of the exceptions enumerated in section 72(t)(2) is satisfied. Sec. 71(t)(1) and (2); see also Dwyer v. Commissioner , 106 T.C. 337 (1996). Petitioner failed to meet any of those exceptions. Accordingly, we sustain respondent's determination.

Contentions we have not addressed are irrelevant, moot, or ═ meritless.

Decision will be entered for respondent.

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