Michael Morrissey - Page 14

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            generally problematic and costly, especially in the instant               
            setting where petitioner's 50-percent interest would most                 
            likely have had to be partitioned before it could be sold.                
            To the extent that the excess value remained in the MPP, it               
            would constitute an overfunding of the MPP, which, under basic            
            principles of pension law, would have to be given back to the             
            transferor to avoid plan termination.  See sec. 1.415-9(a)(1),            
            Income Tax Regs.; see also Buzzetta Constr. Corp. v.                      
            Commissioner, 92 T.C. 641 (1989).  The mere fact that the value           
            that petitioner transferred to the MPP may have equaled the               
            amount that he owed both the Plans, a fact that petitioner                
            asserts but which the record disproves, does not mean that both           
            debts are satisfied as a result of the transfer.  Indeed, it              
            appears that petitioner continues to owe the DBP the money                
            (with interest) that it lent to him because he has never                  
            transferred any value to the DBP to repay these amounts.  The             
            record suggests that petitioner attempted to satisfy his                  
            $1,150,000 obligation to the Plans by surrendering property of            
            inadequate value.  The property had been appraised at a total             
            of $2,078,000 shortly after the transfer, and the record does             
            not support a finding that petitioner's 50-percent interest in            
            the property was worth more than $1,039,000 on the date of the            
            transfer (i.e., 50% x $2,078,000).  Of course, it would be an             
            unusual case where petitioner's 50-percent undivided interest             





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