On March 10, 2020, the Tax Court issued its opinion in Conard v. Commissioner (154 T.C. No. 6). The issue presented in Conard v. Commissioner was whether applying the additional tax imposed by IRC § 72(t)(1) to distributions made to a taxpayer who, at the time of the distributions, was not yet 59-1/2 years old, was not disabled, and was otherwise not eligible for any of the other exceptions described in the IRC § 72(t)(2), violates the equal protection component of the Fifth Amendment’s Due Process Clause. Additional Tax under IRC § 72(t) – the “Early Withdrawal Tax Penalty” in Conard v. Commissioner A taxpayer who receives a distribution from a qualified retirement plan during a taxable year generally must, under the first paragraph of IRC § 72(t), pay, with respect to that year, an additional tax equal to 10% of the taxable portion of the distribution. See IRC §…