James J. Leonard - Page 8

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               We agree with respondent’s application of section                      
          72(p)(2)(C) to the facts of this case.  Petitioner did not make             
          any payments from the time of the loan disbursement in June 2000            
          through the time that the loan was reported as a distribution by            
          the plan on December 29, 2000.  Two calendar quarters had passed            
          since petitioner had obtained the loan, resulting in a violation            
          of the statutory imperative that the terms of the loan require              
          that payments be made “not less than quarterly”.  Sec.                      
          72(p)(2)(C).  Furthermore, this was a period of approximately 6             
          months, or 10 percent of the original 5-year term of the loan.              

          3(...continued)                                                             
               results in a deemed distribution at the time of such                   
               failure.  However, the plan administrator may allow a cure             
               period and section 72(p)(2)(C) will not be considered to               
               have been violated if the installment payment is made not              
               later than the end of the cure period, which period cannot             
               continue beyond the last day of the calendar quarter                   
               following the calendar quarter in which the required                   
               installment payment was due.                                           
                    (b) Amount of deemed distribution.  If * * * there is a           
               failure to pay the installment payments required under the             
               terms of the loan * * * then the amount of the deemed                  
               distribution equals the entire outstanding balance of the              
               loan (including accrued interest) at the time of such                  
               failure.                                                               
          Sec. 1.72(p)-1, Q&A-10, Income Tax Regs.  Before the issuance of            
          the final regulations, proposed regulations had been issued                 
          which, for purposes of this case, had the same provisions as the            
          final regulations.  The proposed regulations were to apply only             
          to loans made a certain period of time after final regulations              
          had been published.  Sec. 1.72(p)-1, Q&A-19, Proposed Income Tax            
          Regs., 60 Fed. Reg. 66237 (Dec. 21, 1995).  In this Court,                  
          proposed regulations generally are afforded no more weight than             
          that of any other position advanced by the Commissioner at trial.           
          Gen. Dynamics Corp. & Subs. v. Commissioner, 108 T.C. 107, 120              
          (1997); Laglia v. Commissioner, 88 T.C. 894, 897 (1987).                    





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