- 6 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011