6
Sharing Plan, which merged with the Pension Plan on January 31,
1980, and (3) the Defined Benefit Plan (EWB P.C. Defined Benefit
Plan). None of these plans is at issue in this case. In
September 1978, after completing 1 year of service with EWB P.C.,
Brody became a participant in the Pension Plan. Brody was a
participant in the EWB P.C. Defined Benefit Plan until its
termination in 1984. The record does not reveal when Brody
became a participant in the EWB P.C. Defined Benefit Plan. Brody
has no other records or information concerning the EWB P.C.
Defined Benefit Plan.
On January 31, 1983, Brody terminated his employment with
EWB P.C., and EWB P.C. redeemed his stock therein.
On February 1, 1983, Brody incorporated Brody Enterprises,
Inc.,5 with Brody as its sole shareholder and employee. On June
13, 1983, Brody Enterprises adopted the Brody Enterprises Defined
Benefit Pension Plan (the Brody Enterprises plan), effective
February 1, 1983. The Brody Enterprises plan is at issue in
docket No. 177-91. The terms of the Brody Enterprises plan limit
the benefits payable under the plan to those allowable under
section 415.
On Form 5302, Brody Enterprises declared that Brody had 2
years of service with the employer as of May 31, 1985.
5 Brody incorporated Marvin D. Brody, P.C., and later changed
the name to Brody Enterprises, Inc. For convenience, we refer to
Brody Enterprises throughout this opinion.
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