James J. Leonard - Page 7

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               Except as provided in regulations, this paragraph shall not            
               apply to any loan unless substantially level amortization of           
               such loan (with payments not less frequently than quarterly)           
               is required over the term of the loan.                                 
          Thus, a loan which does not meet the requirement of section                 
          72(p)(2)(C) by requiring substantially level amortization is                
          treated as a distribution and is included in income under section           
          72(p)(1)(A).                                                                
               Respondent argues that a deemed distribution to petitioner             
          was made in 2000 because petitioner defaulted on the loan in that           
          year.  Specifically, respondent argues that petitioner’s failure            
          to make the loan payments as required under the terms of the loan           
          violated the section 72(p)(2)(C) requirement, thereby resulting             
          in a deemed distribution in the year of the default.  In support            
          of this argument, respondent in his trial memorandum cites the              
          final regulations issued under section 72(p).  However, because             
          petitioner’s loan was made in June 2000, these regulations do not           
          apply in this case.3                                                        

          3The final regulations under sec. 72(p) generally apply only                
          to loans made on or after Jan. 1, 2002.  Sec. 1.72(p)-1, Q&A-               
          22(b), Income Tax Regs.  Under these regulations, when a                    
          participant fails to make payments in accordance with the terms             
          of a loan, the loan is treated as no longer meeting the sec.                
          72(p)(2)(C) requirement, thereby resulting in a deemed                      
          distribution.  Sec. 1.72(p)-1, Q&A-4(a), Income Tax Regs.  The              
          regulations elaborate on the timing and amount of deemed                    
          distributions resulting from loan defaults as follows:                      
                    (a) Timing of deemed distribution.  Failure to make any           
               installment payment when due in accordance with the terms of           
               the loan violates section 72(p)(2)(C) and, accordingly,                
                                                             (continued...)           





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