- 14 - section 72(p)(2)(C) that was added to the Code by the 1986 Act applies to the 1986 loans because the loans were modified after December 31, 1986. See 1986 Act, sec. 1134(e), 100 Stat. 2085, 2484. Petitioners further reason that because the level amortization requirement applies to the 1986 loans, the interpretation of section 72(p)(2)(C) contained in a proposed regulation issued under the 1986 Act also applies to the loans. This proposed regulation provides as follows: Q-10. If a participant fails to make installment payments required under the terms of a loan that satisfied the requirements of [section 72(p)(2)] when made, when does a deemed distribution occur and what is the amount of the deemed distribution? A-10. (a) Timing of deemed distribution. Failure to make any installment payment when due in accordance with the terms of the loan violates [the level amortization requirement of] section 72(p)(2)(C) and, accordingly, results in a deemed distribution at the time of such failure * * * . (b) Amount of deemed distribution. If a loan satisfied [the requirements of section 72(p)(2)] when made, but there is a failure to pay the installment payments required under the terms of the loan * * *, then the amount of the deemed distribution equals the entire outstanding balance of the loan at the time of such failure. [Sec. 1.72(p)-1, Q&A-10, Proposed Income TaxPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011