Lear Eye Clinic, Ltd., et al. - Page 7

                                                    7                                                     
                  On November 1, 1986, Ehmann, Waldman & Brody, P.A. (EWB                                 
            P.A.) was formed.  Brody was not a shareholder or an officer of                               
            EWB P.A.  The record does not reveal who formed EWB P.A.                                      
            Sometime around November 1, 1986, Brody ceased employment with                                
            Brody Enterprises and entered into an employment contract with                                
            EWB P.A.  On November 1, 1987, Brody terminated his employment                                
            with EWB P.A.                                                                                 
                                                OPINION                                                   
                  Each of petitioners' plans was a small defined benefit                                  
            pension plan.  A defined benefit pension plan provides a                                      
            participant at retirement with the benefit stated in the plan.                                
            The costs of benefits payable from such plans are funded                                      
            incrementally on an annual basis over the preretirement period.                               
            Secs. 404, 412.  Contributions made to the plans, within certain                              
            limits, are deductible.  Sec. 404(a)(1).  Earnings on the                                     
            contributions are not taxed as they accumulate.  Sec. 501(a).                                 
            Plan assets are taxed to participants only as they are paid out                               
            as benefits.   Sec. 402(a)(1).  The payment of benefits under a                               
            qualified plan is limited.  Sec. 415.  These cases focus on the                               
            limitations in section 415.                                                                   
                  Section 415 was added to the Internal Revenue Code by                                   
            section 2004(a)(2) of the Employee Retirement Income Security Act                             
            of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829, 979.  The                                      
            enactment of ERISA was a legislative attempt to assure equitable                              
            and fair administration of pension plans and to remedy problems                               




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