- 25 - satisfy the requirement that the loan must be received to be a distribution. Accordingly, we find that for the purposes of section 72(p)(1) neither * * * [of the taxpayers] received distributions in 1988 or 1989 equal to the interest * * * which accrued on the plan loans. [Chapman v. Commissioner, supra.] Furthermore, we note that in proposed regulations recently issued under section 72(p), the Department of Treasury takes the position, contrary to respondent's position in this case, that interest which accrues after a loan is deemed distributed under section 72(p) is not treated as an additional deemed distribution. Section 1.72(p)-1, Q&A-19, Proposed Income Tax Regs., 63 Fed. Reg. 42, 44 (Jan. 2, 1998), states in part as follows: [A-19] deemed distribution of a loan is treated as a distribution for purposes of section 72. Therefore, a loan that is deemed to be distributed under section 72(p) ceases to be an outstanding loan for purposes of section 72, and the interest that accrues thereafter under the plan on the amount deemed distributed is disregarded in applying section 72 to the participant or beneficiary. Even though interest continues to accrue on the outstanding loan * * *, this additional interest is not treated as an additional loan (and, thus, does not result in an additional deemed distribution) for purposes of section 72(p). * * *Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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