Richard Bradley - Page 12

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          III.  Loan of $7,089.95                                                     
               A.  General                                                            
               Section 402(a) provides that distributions from qualified              
          plans are taxable to the distributee in the taxable year in which           
          the distribution occurs, pursuant to the provisions of section              
          72.  Section 72(p)(1)(A) treats certain loans from a qualified              
          employer plan to a participant or beneficiary as taxable                    
          distributions.  See generally Plotkin v. Commissioner, T.C. Memo.           
          2001-71; Patrick v. Commissioner, T.C. Memo. 1998-30, affd. per             
          curiam without published opinion 181 F.3d 103 (6th Cir. 1999);              
          Prince v. Commissioner, T.C. Memo. 1997-324; Estate of Gray v.              
          Commissioner, T.C. Memo. 1995-421.  A “qualified employer plan”             
          includes a plan described in section 401(a) that includes a trust           
          exempt from tax under section 501(a).  Petitioner’s section                 
          401(k) plan is a qualified employer plan.  See sec.                         
          72(p)(4)(A)(i)(I).                                                          
               Section 72(p)(1)(A) provides that if a participant or                  
          beneficiary receives, directly or indirectly, any amount as a               
          loan from a qualified employer plan, then that amount shall be              
          treated as having been received by the individual as a                      
          distribution under the plan.  A loan from a qualified employer              
          plan gives rise to a deemed distribution that is taxable in the             
          year in which the loan is received.  Id.                                    







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