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Early Withdrawal of 401-K etc.

Posted on February 14, 2021 at 2:20 PM

The 10% additional tax on early withdrawals is a tax, the Tax Court decides.

A 42-year-old woman who took a distribution from her workplace retirement plan

argued that she wasn’t liable for the 10% levy because it was a penalty or other amount

that required prior written supervisory approval. The Court rejected her claim,

saying the levy is a tax and not a penalty, addition to tax or additional amount.

As a result, prior written supervisory approval is unnecessary (Grajales, 156 TC No. 3).

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