United States Tax Court
CAREN KOHL , a . k . a . , CAREN REIN , Petitioner v .
COMMISSIONER OF INTERNAL REVENUE, Respondent ————— Docket N o. 269 6 2-21S . Filed April 25, 2024.
————— Caren Kohl, a . k . a . , Caren Rein , pro se.
David Choi , Mimi M. Wong , and Gennady Zilberman , for respondent.
SUMMARY OPINION
SIEGEL, Special Trial Judge: This case was heard pursuant to the provisions of section 74631 of the Internal Revenue Code in effect when the Petition was filed. Pursuant to section 7463(b) , the decision to be entered is not reviewable by any other court, and this Opinion shall not be treated as precedent for any other case.
Respondent determined a deficiency in petitioner’s 2018 federal income tax resulting from her early withdrawal of funds from a retirement account , along with a ten-percent additional tax under section 72(t) . Because no exception to the imposition of the additional tax applies , we hold that petitioner is liable for it on the distribution.
Also g enerally , a distribution from a qualified retirement plan is includ i ble in gross income for the year of distribution . See §§ 61(a)(1 0 ) , ( b) , 72(a)(1), 402(a) , (b)(2), 408(d) (1 ) , 4974(c ) ; s ee also Darby v. Commissioner, 97 T.C. 51, 58 (1991) ; Czepiel v. Commissioner, T.C. Memo. 1999- 289 (explaining that a taxpayer must report a distribution from an individual retirement account as income unless a statutory exception applies) . Early retirement distributions, meaning those made before a taxpayer reaches age 59½ , are subject to a n additional ten -percent early withdrawal tax unless an exception applies. § 72(t) (1). Petitioner was not 59½ when she withdrew the money from her retirement plan , and no exception applies here .
To support her claim, petitioner points to section 72(t)(2)(I), enacted by the Consolidated Appropriations Act , 2023, P ub . L. No . 117-328, div. T, 136 Stat. 4459, 5296 (2022) . That provision exempt s certain withdrawals made for emergency expenses from the additional tax . However, section 72(t)(2)(I) applies only “ to distributions made after December 31, 2023. ” Consolidated Appropriation s Act § 115( c ) , 136 Stat . at 5297. It is not applicable to the distribution petitioner received in 2018. And because it is not, petitioner is liable for the additional tax on her early retirement plan distribution. T o reflect the foregoing, D ecision will be entered under Rule 155 .