John E. and Concetta Lozon - Page 17

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          be taxable on $13,282 ($13,193 + $89) in 1990 and $3,790 ($16,843           
          - $13,193 + $140) in 1991.                                                  
               Section 83(e)(2) provides for an exception to the above                
          rule.  Respondent argues that the exception does not apply.  The            
          relevant portion of section 83(e) provides:                                 
                    (e) Applicability of Section.--This section shall                 
               not apply to--                                                         
                              *   *   *   *   *   *   *                               
                         (2) a transfer to or from a trust                            
                    described in section 401(a) * * *                                 
               Section 401(a) provides, in part:                                      
                    (a) Requirements for Qualification.--A trust                      
               created or organized in the United States and forming                  
               part of a stock bonus, pension, or profit-sharing plan                 
               of an employer for the exclusive benefit of his                        
               employees or their beneficiaries shall constitute a                    
               qualified trust under this section--                                   
                              *   *   *   *   *   *   *                               
                         (2) if under the trust instrument it is                      
                    impossible, at any time prior to the                              
                    satisfaction of all liabilities with respect                      
                    to employees and their beneficiaries under                        
                    the trust, for any part of the corpus or                          
                    income to be (within the taxable year or                          
                    thereafter) used for, or diverted to,                             
                    purposes other than for the exclusive benefit                     
                    of his employees or their beneficiaries * * *                     
               Respondent argues that the trusts were in violation of                 
          section 401(a)(2), and the section 83(e)(2) exception therefore             
          does not apply.  Respondent also argues that Mrs. Lozon was not a           
          "qualified participant" in the plan (a requirement of the pension           
          plan itself) since she was not an employee.  Respondent's                   





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