Clayton W. Plotkin - Page 6




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          monthly payments of $253.57;4 a 15-year term; and a principal               
          balance of $20,119.89 at the end of the initial 5 years of the              
          loan.  The same accountant who prepared the amortization schedule           
          prepared petitioner’s 1994 income tax return.                               
               The loan was secured by petitioner’s principal residence, as           
          evidenced by a deed of trust which petitioner prepared and                  
          executed in favor of the plan.  Although the loan was secured by            
          petitioner’s residence, petitioner did not use the proceeds of              
          the loan to acquire his residence.                                          
               The plan was terminated during February of 1999.  At that              
          time, petitioner satisfied the loan by recognizing as a                     
          distribution the outstanding balance on the promissory note.                
          Petitioner reported the distribution together with an early                 
          distribution penalty on his 1999 income tax return.                         
                                       OPINION                                        
          A. Distributions from the Plan                                              
               Section 402(a) provides generally that distributions from a            
          qualified plan are taxable to the distributee, in the taxable               
          year of the distributee in which distribution occurs, pursuant to           
          section 72.  Section 72(p)(1)(A) provides the general rule that             
          proceeds of a loan from a qualified employer plan to a plan                 
          participant are treated as a taxable distribution to the                    



               4  The first monthly payment reflected on the amortization             
          was actually $346.40, due on Jan. 1, 1995.                                  





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