Clayton W. Plotkin - Page 3




                                        - 3 -                                         
               In 1990, Edberg prepared a loan policy for the plan which              
          was adopted by petitioner as the sole member of the plan’s                  
          Advisory Committee.  Pursuant to the policy, a plan participant             
          could apply for a loan in an amount not to exceed one-half of the           
          participant’s nonforfeitable accrued benefit.  The maximum                  
          aggregate dollar amount of loans outstanding to any one                     
          participant, when aggregated with all participant loans from                
          other employer qualified plans, could not exceed $50,000.2  All             
          loans were subject to approval by the plan’s Advisory Committee.            
          In November 1994, petitioner’s nonforfeitable accrued benefit in            
          the plan was $74,376.  There is no evidence that he had                     
          previously borrowed from the plan.                                          
               With respect to loans the proceeds of which were to be used            
          by a plan participant to acquire a dwelling that the participant            
          would use as his principal residence, the loan policy permitted a           
          repayment term of up to 15 years.  With respect to all other                
          loans, the repayment term could not exceed 5 years.  The loan               
          policy specifically provided as follows:                                    
                    Participants should note the law treats the amount                
               of any loan (other than a “home loan”) not repaid five                 
               years after the date of the loan as a taxable                          
               distribution on the last day of the five year period                   
               or, if sooner, at the time the loan is in default.  If                 

               2  The $50,000 figure was required to be reduced by the                
          excess of the participant’s highest outstanding loan balance                
          during the 12-month period ending on the date of the loan over              
          the participant’s current outstanding loan balance on the loan              
          date.                                                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011