- 6 - section 4975 during the years in issue even though the loan, pursuant to section 72(p), was treated as a distribution in an earlier year. To resolve this issue, we need not look beyond the plain and ordinary meaning of the words used in section 72(p). See United States v. Locke, 471 U.S. 84, 93 (1985); Phillips Petroleum Co. v. Commissioner, 101 T.C. 78, 97 (1993). Section 72(p)(1)(A) provides that a loan from a qualified employer plan to a plan participant "shall be treated as having been received by such individual as a distribution under such plan." The loan is "treated" as a distribution only for purposes of section 72, which determines the amount of a distribution subject to income tax. See sec. 72(p). The characterization of the loan for section 72 purposes does not change its inherent character for section 4975 excise tax purposes. Accordingly, section 4975 may apply to a loan even though such loan, pursuant to section 72(p), was treated as a distribution. Section 4975 is applicable to petitioners' loan transaction. II. Correction of the Prohibited Transaction Petitioners contend, in the alternative, that they are not liable for section 4975 excise taxes because they "corrected" the prohibited transaction on August 15, 1991, the date Mr. Medina executed the document that assigned to the plan the proceeds from a future sale of Sunshine Villa Apartments. Respondent contendsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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