Wayne L. Patrick - Page 7

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          Most, if not all, of these notes were prepared after the                    
          corresponding transfers, and the May 31, 1992, note is not                  
          signed.  Wayne did not report any income with respect to these              
          transfers.                                                                  
               Each of petitioners' promissory notes contains the following           
          terms:  Repayment of principal with interest from date of                   
          transfer at a rate of 10 percent per annum; and payment in equal            
          monthly installments commencing approximately 1 month after the             
          date of each transfer until the earlier of repayment of principal           
          and interest in full or 5 years from the date of the transfer.              
          As security for each transfer, petitioners pledged their                    
          respective vested account balances.  The record does not disclose           
          the amounts of these balances at any time that is relevant                  
          herein.                                                                     
               During 1993 and 1994, Wayne maintained an IRA with Merrill             
          Lynch.  He received $9,000 from this account in 1993 and $9,307             
          in 1994.  He did not report any income with respect to these                
          amounts.                                                                    
                                       OPINION                                        
               We must decide whether the funds received by petitioners               
          from their retirement accounts are includable in their gross                
          incomes.  Petitioners argue that the transfers from the Plan are            
          loans from the Plan and nontaxable to the extent of $50,000 for             
          each petitioner.  Petitioners concede that the transfers over               





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