Generally, distributions must be used to pay the qualified higher education expenses (defined earlier) of the beneficiary.
Penalty.
There is a penalty on any refund of earnings in 2001 that does not meet at least one of the following conditions.
- The refunded earnings are used to pay qualified higher educational expenses of the beneficiary.
- The refund of earnings is made because of the death or disability of the beneficiary.
- The refund of earnings is made because the beneficiary received a scholarship, a veterans educational assistance allowance, or another
nontaxable payment (other than a gift, bequest, or inheritance) for educational expenses. This only applies to the part of the refund that is not more
than the scholarship, allowance, or other payment.
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