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Petitioners advance the same arguments with regard to
section 72(t) as they did with respect to section 4980A, namely,
that the additional tax under section 72(t) does not apply to
petitioner's Transfer Refund because, due to the 1984 plan
revisions, the Retirement System was not a qualified retirement
plan within the meaning of section 4974(c) at the time that it
issued petitioner's Transfer Refund.
Respondent contends that the Retirement System is a
qualified retirement plan under the plain language of section
4974(c) because respondent issued a determination letter on June
23, 1982, providing that the Retirement System was such a plan.
Respondent further contends that under the plain language of
section 4974(c), the qualified status of the Retirement System at
the time of petitioner's distribution is irrelevant.
As relevant herein, the definition of a "qualified
retirement plan" under section 4974(c) is virtually identical to
the definition of a "qualified employer plan" under section
4980A(e)(2). Significantly, the definition of a qualified
retirement plan under section 4974(c) specifies, as does the
definition of a qualified employer plan under section
4980A(e)(2), that a qualified retirement plan includes a plan
that, at any time, has been determined by the Commissioner to be
such a plan.
Under the plain language of section 4974(c), the Retirement
System meets the definition of a qualified retirement plan
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