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