- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011