- 12 - he had been, in at least one prior case, a Court of Appeals has held a beneficiary of a one-person pension plan liable under section 4975. See Wood v. Commissioner, 955 F.2d 908 (4th Cir. 1992). Petitioner attempts to distinguish Wood by arguing that the issue there related to a satisfaction of a funding obligation, whereas here he transferred the real estate to the MPP in repayment of a loan.4 We do not believe that this bare difference in fact leads to a different result. The repayment of a loan, like the honoring of a funding obligation, satisfies a debt owed by the transferor. We see no meaningful distinction that may be drawn from the fact that the obligation in one case stems from a borrowing, whereas the obligation in the other stems from a contractual promise to set aside a stated sum of money for the benefit of plan participants. In both cases, a transfer is made to satisfy an obligation. For present purposes, the former obligation is indistinguishable from the latter. The Congress' goal in enacting section 4975 "was to bar categorically a transaction that was likely to injure the pension plan." Commissioner v. Keystone Consol. Indus., Inc., 4 Generally, any lending money between a plan and a disqualified person is a prohibited transaction. Sec. 4975(c)(1)(B). Sec. 4975(d)(1), however, carves out an exception in the case of certain loans that meet the criteria set forth therein. Respondent does not assert that petitioner's loans from the Plans were outside this exception.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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