Decision will be entered for respondent.
VASQUEZ,
Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time the petition was filed, petitioner resided in Florida.
In 2010 petitioner was employed by Redland Christian M. Associates (Redland) and Storybook Cottage, Inc. (Storybook). Redland and Storybook paid petitioner wages of $13,136 and $7,405, respectively. Petitioner also received $2,332 in unemployment compensation from the State of Florida2014 Tax Ct. Memo LEXIS 48">*49 and $47 in interest income.
Petitioner had been employed by Wal-Mart sometime before 2010 and had elected to participate in Wal-Mart's
*50 Petitioner requested that all required taxes be withheld from the distribution. Twenty percent of the distribution, or $1,477, was withheld at the source, and petitioner received a net distribution of $5,906.
At the time of the distribution, petitioner had not reached the age of 59-1/2. The record does not reflect why petitioner chose to withdraw the $7,383 from her retirement plan during 2010. However, petitioner admits that the distribution was not used to pay medical expenses, health insurance premiums, or expenses attributable to a disability, or to make a first home purchase.
Petitioner prepared her own Form 1040, U.S. Individual Income Tax Return, for 2010. On line 7, Wages, salaries, tips, etc., of her Form 1040 petitioner reported $27,971, which comprises the wages she received 2014 Tax Ct. Memo LEXIS 48">*50 from Redland and Storybook, the interest income, and the distribution from her retirement plan. Petitioner did not report any amount on line 58, Additional tax on IRA's, other qualified retirement plans, etc. Petitioner reported total tax of $2,728.
Petitioner claimed a $400 making work pay credit under
Generally, the taxpayer has the burden of proving his or her entitlement to any of these exceptions.
Petitioner argues that she should not be required to pay any additional tax because she asked that all taxes 2014 Tax Ct. Memo LEXIS 48">*52 be withheld at the time of the distribution. Despite her good intentions, petitioner should have reported a 10% additional tax on the distribution on line 58 of her return. Petitioner's failure to do so caused her to improperly claim a $639 refund.
While we are sympathetic to petitioner's plight, we find that she is liable for the 10% additional tax on the distribution under
To reflect the foregoing,