- 10 - a determination letter on June 23, 1982, providing that the Retirement System was a plan described in section 401(a) that included a trust exempt from tax under section 501(a). Thus, under the plain language of section 4980A(e)(2), and under section 54.4981A-1T(a-3)(c)(2), Temporary Qualified Pension Plan Excise Tax Regs., the Retirement System satisfies the definition of a qualified employer plan because it has been treated by respondent to be such a plan. The only technical arguments advanced by petitioners concern the qualified status of the Retirement System under section 401(a). Petitioners do not set forth any compelling reason why section 4980A(e)(2) should not be applied to give effect to the plain meaning of the words used therein. Where a statute is clear on its face, as in this case, we require unequivocal evidence of contrary purpose before construing the statute in a manner that overrides the plain meaning of the statutory words. Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984). No such contrary purpose has been shown here. Because we are satisfied that our analysis of section 4980A(e)(2) leads to the conclusion that the Retirement System was a qualified employer plan under section 4980A, we sustain respondent's determination that petitioner is liable for the 15- percent excise tax under section 4980A. 401(a) requirements) prior to making a distribution, in order to avoid the excise tax on excess distributions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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