- 10 - 2. Substantially Level Amortization In order for a loan to qualify for the section 72(p)(2) exception to taxable distribution treatment, the loan must provide for substantially level amortization over its term. See sec. 72(p)(2)(C). The substantially level amortization requirement under section 72(p)(2)(C) has been interpreted as requiring that payment of principal and interest be made in substantially level amounts over the term of the loan. See Estate of Gray v. Commissioner, T.C. Memo. 1995-421. If we treat the promissory note as requiring a balloon payment in the fifth year, then the promissory note would call for 59 monthly payments of $253.57 and a final balloon payment of $20,119.89. The balloon payment is more than 79 times larger than the regular monthly payment, and more than 80 percent of the initial principal balance. From a textual standpoint, these payments simply cannot be characterized as substantially level. From a policy standpoint, one of the stated purposes behind the enactment of section 72(p)(2)(C) was to prevent taxpayers from currently enjoying plan assets through the use of balloon payment loans: The rules governing the tax treatment of loans from certain tax-favored plans are intended to limit the extent to which an employee may currently use assets held by a plan for nonretirement purposes and to ensure that loans are actually repaid within a reasonable period. However, there is concern that the present rules do not prevent an employee from effectively maintaining a permanent outstanding $50,000Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011