- 12 - plan loan, the accrued benefit of the participant or beneficiary is reduced (offset) in order to repay the loan (including the enforcement of the plan’s security interest in the accrued benefit). A distribution of a plan loan offset amount could occur in a variety of circumstances, such as where the terms governing the plan loan require that, in the event of the partici- pant’s request for a distribution, a loan be repaid immediately or treated as in default. (b) Plan loan offset. In the event of a plan loan offset, the amount of the account balance that is offset against the loan is an actual distribution for purposes of the Internal Revenue Code, not a deemed distribution under section 72(p). * * * Id. On the record before us, we find that petitioner has failed to carry his burden of showing that he is not required to include $25,940.49 in his gross income for his taxable year 2002. Claimed Earned Income Tax Credit In petitioner’s 2002 return, petitioner claimed the earned income tax credit. Section 32(a)(1) permits an eligible individ- ual an earned income tax credit against such individual’s tax liability. The earned income tax credit is calculated as a percentage of the individual’s earned income. Sec. 32(a)(1). Section 32(a)(2) limits the credit allowed. Section 32(b) 8(...continued) terms governing the plan loan, the loan is cancelled, accelerated, or treated as if it were in default (e.g., where the plan treats a loan as in default upon an employee’s termination of employment or within a speci- fied period thereafter). A distribution of a plan loan offset amount is an actual distribution, not a deemed distribution under section 72(p).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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