- 7 - (5) the procedure under the program for determining a reasonable rate of interest; (6) the types of collateral which may secure a Participant loan; and (7) the events constituting default and the steps that will be taken to preserve plan assets. Such Participant loan program shall be contained in a separate written document which, when properly executed, is hereby incorporated by reference and made a part of the plan. Petitioner has never filed a Form 5330, Return of Excise Taxes, for any period relevant herein. The plan filed a Form 5500-C/R, Return/Report of Employee Benefit plan, for its plan years ended March 31, 1991, 1992, 1993, and 1995. The plan has not filed a Form 5500-C/R for any plan year thereafter. The plan reported on its Form 5500-C/R for its plan year ended March 31, 1995, that it had as of March 31, 1995, “Other” investments of $203,241. Respondent determined that these investments were the three loans, that each of the three loans was a prohibited transaction under section 4975, and that the principal of the three loans totaled $203,241 as of January 1, 1996. Respondent also determined that a “stated interest rate” of 10 percent applied to each subject year for purposes of computing the “amount involved” under section 4975(a) and that, on the basis of this 10-percent rate, the amounts involved for the subject years were as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011