Stephen Daryl Royal - Page 10

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               If petitioner’s loans did not qualify for the exception                
          under section 72(p)(2), the Federal Thrift Savings Plan probably            
          would have notified petitioner that each such loan was to be                
          treated when made as a distribution from petitioner’s TSP retire-           
          ment account.  See sec. 72(p)(1)(A).  In that event, the Federal            
          Thrift Savings Plan would not have sent petitioner the respective           
          September 23, 2002 letters pertaining to petitioner’s $10,477.89            
          loan and petitioner’s $15,462.60 loan.  It appears from those               
          letters that petitioner’s loans qualified for the exception under           
          section 72(p)(2) and that, when petitioner did not repay each of            
          petitioner’s loans as directed by the Federal Thrift Savings                
          Plan, the Federal Thrift Savings Plan made a distribution from              
          petitioner’s TSP retirement account of an amount to discharge or            
          offset the outstanding balance of each such loan.7  Cf. Duncan v.           
          Commissioner, T.C. Memo. 2005-171; sec. 1.72(p)-1, Q&A-13(a)(1)             
          and (2) and (b), Income Tax Regs.  Those regulations, effective             
          for loans made on or after January 1, 2002, provide:                        


               7TSP Form 1099-R showed that in 2002 the Federal Thrift                
          Savings Plan made a gross distribution to petitioner of                     
          $25,940.49, all of which was taxable.  In petitioner’s 2002                 
          return, petitioner reported “Pensions and annuities” of                     
          $33,118.49, of which he included only $7,178 in his gross income.           
          The difference between “Pensions and annuities” of $33,118.49               
          that petitioner reported in petitioner’s 2002 return and $7,178             
          of such pensions and annuities that petitioner included in his              
          gross income equals $25,940.49, the total amount of (1) peti-               
          tioner’s loans outstanding at the time of his retirement from the           
          Postal Service in 2002 and (2) the taxable distribution to                  
          petitioner reported in TSP Form 1099-R.                                     





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