Many years ago your client Lucy Hapless (currently single and age 48) started working with Sham Credit Swap (SCS) Inc., where she participated in the company’s Section 401(k) plan. Five years ago, she took out a home loan from her 401(k) plan. The loan was repayable with interest through semimonthly payroll deductions over a 10-year term. Lucy made the scheduled payments until she was laid off this early this year.

The outstanding balance of the loan became due and payable at the time of Lucy’s termination, but she did not have the money to pay off the loan or was she able to refinance it. No payments were made on the loan after her layoff, and the loan went into default. The 401(k) plan sent Lucy a letter, notifying her that she had a deemed distribution from the plan equal to the then unpaid loan balance of $72,000. The 401(k) plan sent Lucy a check for $98,000, which represented the balance of her plan account less Federal tax withholding of $24,500. Six months ago, when Lucy received the check, deposited the entire $98,000 into her checking account and has been using the money for living expenses, since she has been unable find another job.

After appropriate research to determine if determine Lucy’s tax consequences from this Section 401(k) plan loan payoff and prepare (in good form) a research memorandum to the file. Write a client letter to Lucy with your findings. Her address is 789 Hard Luck St., Carefree, AZ 85377.