Has Congress Stopped Executives from Raiding the Bank? A Critical Analysis of I.R.C. §409A

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1010983

"This paper focuses on how §409A began largely as a reaction to the sizeable distributions to Enron executives from their nonqualified deferred compensation accounts shortly before Enron's collapse. The paper discusses how §409A represents a major shift in nonqualified deferred compensation planning but does little to remedy the exact problem at Enron that gave rise to §409A."