5
Lear plan limit the benefits payable under the plan to those
allowable under section 415.
Lear adopted a money purchase plan effective October 1,
1979. The money purchase plan was restated in its entirety as of
October 1, 1984, and again as of January 1, 1988.4
Brody Enterprises, Inc. (Brody Enterprises)
In the summer of 1969, Marvin D. Brody (Brody) began working
as an estate and gift tax examiner for the Internal Revenue
Service (IRS) in Chicago, Illinois. Brody worked with the IRS
until May 1973. While employed with the IRS, Brody was covered
by the Civil Service Retirement System. Brody was not covered by
any other retirement plan from 1969 through September 1977.
From May 1973 to September 1977, Brody worked as an
associate attorney with the law firm of Altheimer & Gray in
Chicago, Illinois. In September 1977, Brody moved from Chicago
to Phoenix, Arizona, and began working in the law firm of Ehmann
& Waldman, P.C.
In late 1978 or early 1979, Ehmann, Waldman, and Brody
formed Ehmann, Waldman & Brody, P.C. (EWB P.C.) with each owning
one-third of the shares of the company. EWB P.C. had three
retirement plans: (1) The Pension Plan, a money purchase pension
plan adopted in 1971 and still in existence, (2) the Profit
4 The parties have not elaborated on the money purchase plan,
and we leave it for them to determine under Rule 155 the extent,
if any, to which it affects the deficiencies in these cases.
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