Richard J. Montgomery and Adele S. Montgomery - Page 13

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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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