Hoi Thi Huynh, Petitioner

T .C . Memo . 2008-2 7 UNITED STATES TAX COUR T HOI THI HUYNH, Petitioner v . COMMISSIONER OF INTERNAL REVENUE, Responden t Docket No . 22381- 06 . Filed February 12, 2008 .

Hoi Thi Huynh, pro se .

Tracy Hogan , for respondent .

MEMORANDUM FINDINGS OF FACT AND OPINIO N FOLEY, Judge : The issue for decision is whether petitioner is liable for a section 72(t)1 10-percent additional tax relating to distributions from a qualified retirement plan .

1 Unless otherwise indicated, all section references are to the Internal Revenue Code of 1986, as amended .

SERVED FEB 12 2008 FINDINGS OF FAC T Until October 2003, petitioner was employed as a math teacher with the City of Chicago . While employed as a teacher, petitioner acquired an annuity account with AXA Equitable, a qualified retirement plan . In 2004, petitioner received distributions from AXA Equitable of $5,478 and $8,961 .

Petitioner reported, on her 2004 tax return, the distributions as income from pensions and annuities .

On July 31, 2006, respondent issued petitioner a notice of deficiency relating to 2004 and determined that petitioner was liable for a 10-percent additional tax with respect to the distributions .

Petitioner filed her petition with the Court on November 2, 2006, while residing in Chicago, Illinois .