Isabel Molina and Isaac Molina, Jr. - Page 6

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          underlying liability for 2000 in their hearing request, at the              
          hearing, and in the petition.  Accordingly, petitioners’                    
          underlying liability is properly before the Court, and we review            
          that issue de novo.  See Montgomery v. Commissioner, 122 T.C. 1             
          (2004); Sego v. Commissioner, supra; Goza v. Commissioner, supra.           
          We shall review the remainder of respondent’s determination for             
          an abuse of discretion.  See Sego v. Commissioner, supra.                   
               Section 402(a) provides generally that distributions from a            
          qualified plan are taxable to the distributee, in the taxable               
          year of the distributee in which distribution occurs, pursuant to           
          section 72.  Section 72(p)(1)(A) provides the general rule that             
          proceeds of a loan from a qualified employer plan to a plan                 
          participant are treated as a taxable distribution to the                    
          participant in the year in which the loan proceeds are received.            
          See Patrick v. Commissioner, T.C. Memo. 1998-30, affd. 181 F.3d             
          103 (6th Cir. 1999).  Section 72(p)(2), however, provides an                
          exception to this general rule.  Under this exception, a loan is            
          not treated as a taxable distribution if:  (1) The principal                
          amount of the loan (when added to the outstanding balance of all            
          other loans from the same plan) does not exceed a specified                 
          limit, sec. 72(p)(2)(A); (2) the loan, by its terms, must be                
          repaid within 5 years from the date of its inception or is made             
          to finance the acquisition of a home which is the principal                 
          residence of the participant, sec. 72(p)(2)(B); and (3) the loan            






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