-10- exchange" to include the transfer of property in satisfaction of such a monetary obligation. Id. at 158-159. Furthermore, the Court noted that section 4975(c)(1)(A) not only barred a "sale or exchange" but also "any direct or indirect * * * sale or exchange." Id. at 159. The Court concluded that "The contribution of property in satisfaction of a funding obligation is at least both an indirect type of sale and a form of exchange, since the property is exchanged for diminution of the employer's funding obligation." Id. In this case the record shows that the Corporation was indebted to the Plan. For the plan year ended January 31, 1984, the Corporation was required to contribute $186,200 to the Plan to satisfy the minimum funding standard of section 412. The Corporation created two fictitious notes receivable from "H. Bogart" and then claimed a deduction of $186,200 on its corporate income tax return for its taxable year ended January 31, 1985. However, as of January 31, 1988, the Corporation had not made the 1984 mandatory contribution. Later in 1988, the Corporation assigned $273,558 of its accounts receivable for the purpose of satisfying the Corporation's funding obligation under section 412. The assignment was implemented through two documents, signed by both Mr. Cohen and petitioner, dated May 31, 1988: "Agreement" and "Assignment of Accounts Receivable". Through the assignment of accounts receivable, the Corporation sought to be relieved of its funding obligation to the Plan.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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