Lear Eye Clinic, Ltd., et al. - Page 9

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            percent of the participant's average compensation for his 3                                   
            highest paid years with the plan sponsor.  For the years at                                   
            issue, section 415(b)(5) reduced the subsection (b)(1) dollar                                 
            limitation as follows:                                                                        
                        (5) Reduction for service less than 10 years.--                                   
                  In the case of an employee who has less than 10 years                                   
                  of service with the employer, the limitation referred                                   
                  to in paragraph (1) * * * shall be the limitation                                       
                  determined under such paragraph * * * multiplied by a                                   
                  fraction, the numerator of which is the number of years                                 
                  (or part thereof) of service with the employer and the                                  
                  denominator of which is 10.                                                             
            Thus, a qualified defined benefit pension plan may not provide                                
            for payment of benefits in excess of the dollar limitation of                                 
            section 415(b)(1) as further limited by section 415(b)(5).6                                   
                  In Citrus Valley, we held that section 404(j)(1) limits                                 
            deductible contributions to the amount necessary to fund the                                  
            benefits payable under section 415 determined at the time of the                              
            contribution in question.  Citrus Valley Estates, Inc. v.                                     
            Commissioner, 99 T.C. at 447.  The dispute in these cases focuses                             
            on the amounts of benefits payable under section 415 determined                               
            at the time of the contributions in question.  Specifically, at                               
            issue is whether Pallin's and Brody's prior employment with                                   
            entities other than the plans' sponsors constitutes "service with                             
            the employer" as that term is used in section 415(b)(5).                                      

            6     For plan years beginning after Dec. 31, 1986, sec. 415(b)(5)                            
            was amended to restrict the sec. 415(b)(1) dollar limitation for                              
            participants with less than 10 years of participation in the                                  
            plan.  See Tax Reform Act of 1986, Pub. L. 99-514, sec. 1106, 100                             
            Stat. 2085, 2424.                                                                             




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