John U. Fazi and Sylvia Fazi - Page 4

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            The stipulation of facts and attached exhibits are incorporated                                
            herein by this reference.                                                                      
                  Petitioners were married to each other at all relevant times                             
            and resided in Weirton, West Virginia, at the time the petition                                
            was filed.  Petitioners, John U. Fazi (Mr. Fazi) and Sylvia Fazi                               
            (Mrs. Fazi), were employees of Dr. J.U. Fazi, Dentist, Inc.                                    
            (corporation), a West Virginia corporation.                                                    
                  The corporation established and operated three employee                                  
            pension benefit plans:  (1) The Dr. J.U. Fazi, Dentist, Inc.                                   
            Employees Pension Plan, a money purchase pension plan (plan 1);                                
            (2) the Dr. J.U. Fazi, Dentist, Inc. Employee Profit Sharing Plan                              
            (plan 2); and (3) the Dr. J.U. Fazi, Dentist, Inc. Retirement                                  
            Plan, a defined benefit plan (plan 3).                                                         
                  Plan 1, when originally adopted by the corporation in 1972,                              
            was qualified4 under section 401, and the accompanying trust was                               
            a qualified, tax-exempt trust under section 501.  Plan 1 and its                               
            trust maintained their qualified status until the plan year                                    
            ending August 31, 1985.  We held in Fazi v. Commissioner, 102                                  
            T.C. 695 (1994) (Fazi I), that plan 1 was not qualified, and its                               
            employee trust was not exempt, for the plan years ending in 1985,                              
            1986, and 1987 due to the corporation's failure to adopt formally                              


            4  Throughout the relevant statutes, regulations, and opinions of the courts,                  
            the terms "qualified" and "exempt" have occasionally been used synonymously,                   
            and the terms "unqualified" and nonexempt" have also been synonymously used.                   
            For convenience, the terms "qualified" and "unqualified" may be used in                        
            situations where they refer to or modify the employee trust, rather than the                   
            plan.                                                                                          



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