Gideon L. and Corazon P. Medina - Page 6

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          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 contends            





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