Kim v. Commissioner of Internal Revenue

Record contained sufficient evidence to support Commissioner's determination that 56-year-old taxpayer owed additional 10% tax when taxpayer withdrew money from his IRA that had been originally funded when taxpayer withdrew money from his prior employer's retirement plan. While taxpayer would not have owed instant additional tax had he withdrawn money directly from his employer's retirement plan at time he had quit his job with former employer, taxpayer owed additional tax under 26 USC section 72(t)(3)(A) since taxpayer had withdrawn funds from his own IRA prior to age 59.5. Ct. rejected plaintiff's contention that no additional tax was owed since source of his IRA was funds from his prior employer's retirement plan.