- 4 - a participant extends a non-home loan having a five year or less repayment term beyond five years, the balance of the loan at the time of the extension is a taxable distribution to the participant. During November of 1994, petitioner sought to borrow against his accrued benefit under the plan. Pursuant to Edberg’s recommendation, petitioner authorized the loan transaction on behalf of the corporation’s board of directors as well as the shareholders. The minutes of the board and shareholders meeting, held on November 16, 1994, provide as follows: The meeting was held because the Pension Plan Administrators (Edberg’s people) indicate that there must be corporate approval in order for Clayton W. Plotkin to borrow from the Pension Plan. According to Annie at Edberg’s office, Plotkin is able to borrow up to $50,000 but he only wants to borrow $25,000. The loan must be secured, must be payable at least quarterly of principal and interest, it can be amortized over any length but it must be paid off at five years with a balloon payment balance, and interest should be prime plus one or two percent. If there have been no other loans or changes Plotkin can borrow again at the end of the five years in the amount needed to pay off the balance of the loan. * * * * * * * RESOLVED that Clayton W. Plotkin, be allowed to borrow $25,000 from the Pension and that there be a note with a deed of trust secured to Plotkin’s house * * *. The interest rate on the loan is to be 9% with monthly payments of principal and interest of $253.57. Payments are to be due the 1st day of the month and will be late if not received by the 15th day of the month. Payments start 01/01/95. The loan payments will be based on a 15 year payment with a balloon payment due when the loan is supposed to be paid off. If he is able Plotkin may borrow from the Pension Plan to pay off the balance due but must meet the requirements at that time. We will get a schedulePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011