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we find that petitioner has failed to carry his burden of estab-
lishing that he satisfied the applicable requirements of section
7491(a)(2). On that record, we conclude that petitioner has the
burden of proof with respect to the issues that remain in this
case.5 See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115
(1933).
Petitioner’s Loans
The Federal Thrift Savings Plan in which petitioner partici-
pated while he was an employee of the Postal Service is treated
as a qualified trust described in section 401(a)6 that is exempt
from taxation under section 501(a). Sec. 7701(j)(1)(A). Any
contribution to, or distribution from, the Federal Thrift Savings
Plan is treated in the same manner as contributions to, or
distributions from, such a trust. Sec. 7701(j)(1)(B).
For purposes of section 72, if during any taxable year a
participant receives directly or indirectly any amount as a loan
from a qualified employer plan, such amount generally is to be
treated as having been received by such individual as a distribu-
tion from such plan. Sec. 72(p)(1)(A). For purposes of section
72(p), the term “qualified employer plan” means, inter alia, a
plan described in section 401(a) that includes a trust exempt
5See supra note 2.
6Sec. 401(a) sets forth the requirements for a qualified
stock bonus, pension, or profit-sharing plan of an employer for
the exclusive benefit of his employees or their beneficiaries.
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