The interest rate that can be used in the latter two calculations has been fixed at one not more than 120% of the Applicable Federal Mid Term rate (AFR) for either of the two months prior to the calculation. SEPP payments must continue for the longer of five years or until the account owner reaches 59 1/2. The payments cannot be changed beyond a one time allowed change from one of the latter two calculation methods to the first or all of the payments received will be retroactively taxable and penalized.
If the retirement account owner withdraws more or less than the amount calculated under the SEPP formula, the 10% early distribution penalty that was waived would apply in all instances (where it was waived under the SEPP program), and interest on those amounts will also apply.
Security interest perfected more than ten days after attachment still qualified as "substantially contemporaneous" and, therefore, was not avoidable as a preference
Jul 01, 2001; In Dwight RJ Lindquist v. Marjorie Dorholt ("In Re Dorholt") 224 F.3d 871 (8th Cir. 2000), the Eighth Circuit Court of Appeals...