Stephen Daryl Royal - Page 12

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               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).                                      





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