Sylvia A. Duncan - Page 6

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          level amortization with quarterly or more frequent payments                 
          required over the term of the loan.  Sec. 72(p)(2)(A) to (C).  A            
          loan from a qualified employer plan no longer satisfies the                 
          requirement of section 72(p)(2)(C) when the participant fails to            
          make a loan payment either on the date that it is due or within             
          the allowed grace period.  See, e.g., Molina v. Commissioner,               
          T.C. Memo. 2004-258; see also Estate of Gray v. Commissioner,               
          T.C. Memo. 1995-421.                                                        
               Petitioner argues that the amount of the USAA SIP account              
          applied to her outstanding loan balance should be deemed a                  
          distribution in 2000, the year that the loan was made, as opposed           
          to 2001.  Petitioner’s loan satisfied the requirements of section           
          72(p)(2) at the time that it was made and throughout 2000.  Thus,           
          the loan was not treated as a distribution in 2000.  When                   
          petitioner failed to repay the loan in 2001 under the terms of              
          the loan agreement, the application of her USAA SIP account                 
          balance to the loan discharged her debt and became a taxable                
          distribution to her in 2001.                                                
               Section 72(t) provides for a 10-percent additional tax on              
          early distributions from a qualified retirement plan for the                
          taxable year in which the distribution is received.  The                    
          10-percent additional tax, however, does not apply to certain               
          distributions.  Section 72(t)(2) sets forth specific exemptions.            
          Section 72(t)(2)(B) provides that the additional tax shall not              






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