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because, on June 23, 1982, respondent determined it to be such a
plan. Although petitioners contend that the Retirement System
must be qualified on the date of petitioner's Transfer Refund in
order to be a qualified employer plan, such requirement is
inconsistent with the plain meaning of the words used in section
4974(c). Because petitioners offer no compelling reason to
construe the words of section 4974(c) in such a way that would be
inconsistent with their plain meaning, we give effect to the
plain meaning of the words used therein and sustain respondent's
determination that petitioners are liable for the 10-percent
additional tax under section 72(t).
We have considered petitioners' remaining arguments and find
them unpersuasive.
3. Conclusion
In order to give effect to our disposition of the disputed
issues, as well as respondent's concession,
Decision will be entered
under Rule 155.
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