Decision will be entered for respondent.
CHIECHI,
*161 The issues remaining for decision for petitioners' taxable year 2011 are:
(1) Are petitioners liable for the additional tax imposed by
(2) Are petitioners entitled to a deduction under
All of the facts have been deemed established for purposes of this case under
At the time petitioners filed the petition, they resided in Pennsylvania.
During taxable year 2011, both petitioners were retired. Each petitioner maintained a separate individual retirement2016 Tax Ct. Memo LEXIS 158">*159 account (IRA). In 2011, before petitioner Mary E. Barie (Ms. Barie) was 59 1/2 years old, she withdrew $5,615 (Ms. Barie's IRA distribution) from an IRA that she maintained at Citizens Bank. In 2011, petitioner Thomas R. Barie (Mr. Barie) contributed $5,000 (Mr. Barie's IRA contribution) to an IRA that he maintained at American Century Services, LLC.
*162 Petitioners jointly filed Form 1040, U.S. Individual Income Tax Return, for their taxable year 2011 (2011 return). In that return, petitioners included in gross income, inter alia, Ms. Barie's IRA distribution and a distribution from a certain pension or retirement account (collectively, retirement distributions). In the 2011 return, petitioners did not report any wages, commissions, self-employment income, alimony, combat pay, or other compensation. Petitioners did not report in that return any additional tax imposed by
Respondent issued a notice of deficiency to petitioners for their taxable year 2011 (notice). In that notice, respondent determined, inter alia, (1) that petitioners2016 Tax Ct. Memo LEXIS 158">*160 are liable for the 10-percent additional tax imposed by
Petitioners bear the burden of establishing that the determinations in the notice that remain at issue are erroneous.
We first consider whether petitioners are liable for their taxable year 2011 for the 10-percent additional tax imposed by (t) 10-Percent Additional Tax on Early Distributions from Qualified Retirement Plans.-- (1) Imposition of additional tax.--If any taxpayer receives any amount from a qualified retirement plan (as defined in
On the record before us, we find that petitioners are liable for the additional tax imposed by
We next consider whether petitioners are entitled to a deduction under
(b) Maximum Amount of Deduction.-- (1) In general.--The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of-- (A) the deductible amount, or (B) an amount equal to the compensation2016 Tax Ct. Memo LEXIS 158">*162 includible in the individual's gross income for such taxable year.
*165 (f) Other Definitions and Special Rules.-- (1) Compensation.--For purposes of this section, the term "compensation" includes earned income (as defined in
Petitioners' gross income for their taxable year 2011 consisted solely of certain retirement distributions, interest, and dividends. On the record before us, we find that petitioners have failed to carry their burden of establishing that they have for their taxable year 2011 any compensation includible in gross income as defined in
On the record before us, we find that petitioners have failed to carry their burden of establishing that they are entitled for their taxable year 2011 to a deduction under
*166 We have considered all of the2016 Tax Ct. Memo LEXIS 158">*163 contentions and arguments of petitioners that are not discussed herein, and we find them to be without merit, irrelevant, and/or moot.
To reflect the foregoing,
1. All section references are to the Internal Revenue Code in effect for the year at issue. All Rule references are to the Tax Court Rules of Practice and Procedure.↩
2. In the notice, respondent further determined that petitioners have certain interest income and certain dividend income that they did not report in their 2011 return. Petitioners concede those determinations.↩