Thanks. Oddly, traffic was very light this morning. I think people are backing off the physical Black Friday shopping, and doing more of the Cyber Monday stuff. Just my unscientific opinion...
A restorative payment is not a § 415(c) annual addition.
It’s enough that there was a “reasonable risk of liability for breach of a fiduciary duty[.]”
You can read the whole clause here: 26 C.F.R. § 1.415(c)-1(b)(2)(ii)(C) https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFR686e4ad80b3ad70/section-1.415(c)-1#p-1.415(c)-1(b)(2)(ii)(C).
I wrote Treasury a comment that led to this rule.