Ramon A. Garcia and Bertha E. Garcia - Page 17

                                       - 17 -                                         
             Golden Belt Tel. Association, Inc. v. Commissioner, supra;               
             Transco Exploration Co. v. Commissioner, 95 T.C. 373, 386                
             (1990), affd. 949 F.2d 837 (5th Cir. 1992); cf. Follender                
             v. Commissioner, 89 T.C. 943, 958 (1987).                                
                  Moreover, the TAM is clearly distinguishable from the               
             instant case.  The taxpayer in the TAM was a participant                 
             in a qualified profit-sharing plan who received a loan on                
             December 18, 1986, from the trust that formed a part of the              
             plan.  The Commissioner treated the loan as a distribution               
             under section 72(p)(1) based upon a determination that the               
             terms of the note violated the level amortization                        
             requirement of section 72(p)(2)(C).  The taxpayer argued                 
             that the loan was not subject to the level amortization                  
             requirement of the 1986 Act because it had been made prior               
             to December 31, 1986, the effective date of the 1986 Act.                
             Respondent rejected the taxpayer's argument and determined               
             that the 1986 Act was applicable because the loan had been               
             extended after the effective date.  Significantly, the                   
             Commissioner did not rely on the fact that the trustee of                
             the trust had executed two signed statements after                       
             December 31, 1986, purporting to extend the repayment                    











Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011