Ramon A. Garcia and Bertha E. Garcia - Page 12

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             modified, or extended after December 31, 1986.  See 1986                 
             Act, sec. 1134(e), 100 Stat. 2085, 2484.                                 

             Treatment of 1986 Loans                                                  
                  The principal issue in this case involves the treat-                
             ment of the 1986 loans.  As discussed more fully below,                  
             this issue turns on whether the 1986 loans were modified                 
             or extended after 1986 such that they are subject to a                   
             proposed regulation interpreting the level amortization                  
             requirement of the 1986 Act.                                             
                  The parties agree that at the time the 1986 loans were              
             made, they were not subject to treatment as distributions                
             under section 72(p)(1) because they qualified under the                  
             exception set forth in section 72(p)(2).  The 1986 loans                 
             became subject to treatment as distributions later by                    
             reason of petitioner's failure to make the payments                      
             required by the notes.  The parties differ on the time                   
             the 1986 loans should be treated as distributions.                       
                  In formulating the revised deficiency, respondent                   
             treated the 1986 loans as subject to the 1982 Act and                    
             included the outstanding balance of the 1986 loans as of                 
             December 31, 1991, as a taxable distribution of plan assets              










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