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from June 2001 through March 2002 to be sent to this address:
“8713 Airport Fwy Sui, North Star Plaza II, N. Richland Hills,
TX”. Neither of the two addresses above contained the name of
petitioner’s operating division, GE Lighting, and the latter
address omitted petitioner’s suite number.
From the time that the loan was distributed to petitioner in
June 2000, no loan payments were ever deducted from petitioner’s
paychecks because of petitioner’s transfer to GE Lighting.
Petitioner was aware that no deductions were being made, but he
did not remit any payment to the GE Railcar plan. During this
same timeframe, certain child support payments which petitioner
was required to make also were not being deducted from his
paychecks. Petitioner was aware of this fact, and in response he
made payments directly to the appropriate child support
enforcement authority.
On November 27, 2000, GE Investment Retirement Services sent
a letter to petitioner notifying him that no payments had been
applied against his loan and requesting that petitioner remit to
the GE Railcar plan, by no later than December 29, 2000, either
the delinquent payments or the full amount of the loan. The
letter stated that failure to do so would result in a deemed
distribution due to a loan default. In January 2001, a Form
1099-R, Distributions From Pensions, Annuities, Retirement or
Profit-Sharing Plans, IRAs, Insurance Contracts, etc., was issued
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Last modified: May 25, 2011