- 10 - to the loan to Stephanie and David. Stephanie would be required to pay a 5-percent excise tax and interest totaling $14,381. Respondent informed petitioner that no closing agreement would be executed if he accepted the terms of either offer. According to the examining agent, it was not the practice of respondent to use closing agreements to resolve profit-sharing plan disputes, except in cases of fraud and when a case is selected for review. A closing agreement would not be used to resolve the dispute with petitioner because it did not fall within either exception. The dispute would be resolved when petitioner performed according to the terms of the agreement. Petitioner agreed to a deemed distribution pursuant to the terms offered by respondent. On January 1, 1995, as the profit- sharing plan’s fiduciary, petitioner assigned Stephanie and David’s note, secured by the second deed of trust to the Atascadero property, to himself as beneficiary of the plan. Petitioner was 58 years old at the time of the distribution. In the beginning of 1995, Stephanie accepted a job in Dallas, Texas. Stephanie lived in a rented apartment in Texas for more than half of 1995, continued to make the mortgage payments on her home in Oakland where her mother resided, and made payments on the Great Western loan on the Atascadero property. The monthly payments on the Great Western loan werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011