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