Wayne L. Patrick - Page 5

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          Revenue Code; and (6) total loans to any one participant must be            
          limited to the lesser of $50,000, with some adjustment for                  
          outstanding balance of loans, or one-half of a participant's or             
          beneficiary's vested account balance.3  Failure to make payments            
          when due under the terms of the loan agreement would result in a            
          default, whereby the trustee had the authority to collect the               
          balance of the loan through any reasonable action that included             
          instituting a lawsuit, foreclosing on any security, or                      
          recharacterizing the loan as a deemed distribution.                         
               As participants in the Plan, petitioners entered into a                
          series of transactions with the Plan.  During 1992, Brian                   
          received $207,300 from the Plan.4  The following promissory notes           
          were prepared to evidence the transfers of the underlying                   
          amounts:                                                                    
                    Date on Note        Amount of Note                                
                    01/31/92            $110,000                                      
                    02/28/92                 26,000                                   
                    03/31/92                 6,000                                    
                    04/30/92            2,000                                         
                    05/31/92                 10,000                                   
                    06/30/92            2,000                                         
                    07/31/92            31,000                                        
                    08/31/92            10,000                                        

               2(...continued)                                                        
          loan was used to acquire a participant's principal residence.               
               3  These requirements were intended to incorporate the loan            
          requirements embodied in sec. 72(p)(2)(A), (B), and (C).                    
               4  At that time, Brian had not attained either retirement              
          age under the Plan or the age of 59-1/2.  See sec. 72(t)(2).                




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