French E. Hickman and Janice C. Hickman - Page 21

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               disqualified person [petitioner] were acting under the                 
               highest fiduciary standards.  [Sec. 4975(f)(5).]                       
               Even assuming arguendo that we were to have found that the             
          1982 plan loan was modified within the meaning of the 1986 Act              
          effective date provisions, with the result that that loan may be            
          subjected to section 72(p)(3), on the instant record, we find               
          that section 72(p)(3) does not apply to that loan.  Section                 
          72(p)(3) applies to a loan that is not subject to section                   
          72(p)(1) because it satisfies the exception in section 72(p)(2).7           


          7  Sec. 72(p)(1) provides that if during any taxable year a                 
          participant or beneficiary receives any amount as a loan from a             
          qualified employer plan, that amount is to be treated as having             
          been received by such individual as a distribution under such               
          plan.                                                                       
          Sec. 72(p)(2) provides the following exception to sec.                      
          72(p)(1):                                                                   
               (A) General Rule.--Paragraph (1) shall not apply to any                
            loan to the extent that such loan (when added to the out-                 
            standing balance of all other loans from such plan whether                
            made on, before, or after August 13, 1982), does not exceed               
            the lesser of--                                                           
                    (i) $50,000, reduced by the excess (if any) of--                  
                         (I) the highest outstanding balance of loans                 
                      from the plan during the 1-year period ending on                
                      the day before the date on which such loan was                  
                      made, over                                                      
                         (II)  the outstanding balance of loans from                  
                      the plan on the date on which such loan was made,               
                      or                                                              
                    (ii) the greater of (I) one-half of the present                   
                 value of the nonforfeitable accrued benefit of the                   
                 employee under the plan, or (II) $10,000.                            
                                                             (continued...)           




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