- 4 - Petitioner testified that when he received the 1997 distribution from his 401(k) account he “believed all of the taxes and penalties had been withdrawn from it, as the company stated they would do when they distributed the monies.” Petitioner claims he was unaware of any outstanding loan balance. Petitioner’s boldfaced testimony was that he “had not taken a loan out.” He further testified that his only withdrawal from the 401(k) plan “was to settle a divorce agreement.” Petitioner’s Divorce Agreement contained no indication of any required withdrawal from petitioner’s 401(k) account. Although petitioner provided a retirement plan statement from Mitsubishi for the last quarter of 1994, he failed to provide any such statement for any period ending after 1994. Petitioner claimed that he lost these records. A statement provided by Union Bank reflecting the total withholdings from petitioner’s 1997 Mitsubishi 401(k) account distribution showed that the $7,656.80 withholding represented a “Loan Payoff”. According to Union Bank, the loan had been made to petitioner in 1996. A letter dated May 10, 2001, from Wanda Green, a Trust Officer at Union Bank, stated that petitioner received an $8,000 loan check dated November 20, 1996, from his Mitsubishi 401(k) account. A Union Bank “Miscellaneous Cash and Disbursements MEA [Mitsubishi Electric America] 401(k) Loan Account from 1/01/96 to 12/31/96" report reflected a November 20,Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011