Van Roekel Farms, Inc. - Page 2




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          satisfied all the jurisdictional requirements.  See sec. 7476(b);           
          Rule 210(c).  On September 24, 1998, respondent sent petitioner a           
          final revocation letter stating that the Van Roekel Farms, Inc.             
          Employee Stock Ownership Plan (ESOP) does not qualify under                 
          section 401(a) for plan year ending July 31, 1993, and subsequent           
          years,2 and that, accordingly, its trust is not tax exempt under            
          section 501(a).  Under Rules 122 and 217, the parties submitted             
          this case without trial and on the basis of a jointly stipulated            
          administrative record, which we incorporate by this reference.              
          Hereinafter, we sometimes refer to the ESOP and trust as,                   
          collectively, the plan.                                                     
               The issues are:  (1) Whether petitioner violated section               
          401(a)(16) for years beginning after July 31, 1993, by                      
          contributing amounts to the plan that exceeded the allowable                
          limits of section 415(c); and (2) whether the plan is                       
          disqualified for years ending July 31, 1995 and 1996, because it            
          was not timely amended to comply with section 401(a)(17) and                
          (31).  Since we agree with respondent’s first contention and                
          decide the case on that ground, we do not reach the second issue.           




               2Respondent argues on brief that petitioner’s employee stock           
          ownership plan (ESOP) is disqualified for plan years beginning              
          after July 31, 1993.  Although fiscal 1993 is the first year for            
          which respondent issued the revocation letter, respondent does              
          not challenge, and we therefore treat as conceded, the ESOP’s               
          qualified status for that year.                                             





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