- 11 - loan balance through the use of balloon repayment obligations * * * from third parties. [H. Rept. 99- 426, at 735 (1985), 1986-3 C.B. (Vol. 2) 1, 735; S. Rept. 99-313, at 618 (1986) 1986-3 C.B. (Vol. 3) 1, 618; Emphasis added.] Accordingly, we hold that the balloon payment provision which petitioner requests we incorporate into the promissory note would cause the loan to violate the requirements of section 72(p)(2)(C). 3. Conclusion as to Section 72(p) If we were to interpret the promissory note according to its express provisions, then petitioner’s loan would violate the 5- year repayment requirement of section 72(b)(2)(B)(i). If we incorporate into the promissory note a provision calling for a balloon payment at the end of the fifth year of the loan, then the loan fails to provide for substantially level amortization as required by section 72(b)(2)(C). Thus, under either possible interpretation of the promissory note, petitioner’s loan fails to qualify for the section 72(p)(2) exception. The loan therefore constitutes a taxable distribution pursuant to section 72(p)(1)(A). B. Tax on Early Distributions Section 72(t)(1) provides for a 10-percent additional tax on early distributions from a qualified pension plan. See Chapman v. Commissioner, T.C. Memo. 1997-147. Section 72(t)(2) sets forth specific exemptions. Petitioner does not argue that any of the statutory exceptions applies to him. Accordingly, we sustainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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