- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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