12 the plan, that is, Lear or Brody Enterprises, constitute "years of service with the employer" for purposes of section 415(b)(5). The issue we must decide is whether the term "service with the employer" includes service with businesses that antedate Lear and Brody Enterprises. While we have never been faced with this exact issue in the context of section 415(b)(5), we find guidance from the analysis in cases dealing with the meaning of separation from the service as used in section 402(e). See Burton v. Commissioner, 99 T.C. 622 (1992); Reinhardt v. Commissioner, 85 T.C. 511 (1985); Ridenour v. United States, 3 Cl. Ct. 128 (1983). We conclude that, for purposes of section 415(b)(5), "service with the employer" includes service with businesses that antedate the corporation, where formation of the corporation results in a mere formal or technical change in the employment relationship and continuity otherwise exists in the substance and administration of the business operations of the previous business and the corporation. We turn to the parties' respective arguments. Lear argues that Pallin's years as a sole proprietor and his years with Lear constitute "years of service with the employer" for purposes of section 415(b)(5). Respondent concedes, and it is clear, that Pallin's years with Lear constitute "years of service with the employer" for purposes of section 415(b)(5). Thus, we need only address Pallin's years as a sole proprietor.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011