Orvil M. Weddel and Karen L. Weddel - Page 5

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          adopting such a retirement plan and the employees participating             
          in the plan receive favorable tax treatment.  Income earned by a            
          qualified plan is not subject to taxation while the plan’s assets           
          are held in a trust which is tax exempt under section 501(a).               
          Sec. 401(a).  Under section 404(a), the employer, subject to                
          certain limitations, receives an immediate tax deduction for                
          contributions to a qualified plan.  Under section 402(a),                   
          employees are not taxed on any employer contributions that are              
          made on their behalf until the benefits are actually distributed            
          to them from the plan.  If the plan does not meet the                       
          requirements set forth in section 401(a), however, the earnings             
          of the plan are subject to tax and employer deductions for                  
          contributions may be deferred or eliminated.   Moreover, if                 
          contributions to an employees’ trust are made by an employer                
          during a taxble year for which the trust is not exempt from tax,            
          the employees are taxed on the value of such employer                       
          contributions under section 83.  Sec. 402(b).                               
               Respondent determined that the lump-sum distributions                  
          received by petitioners from their profit-sharing plan are                  
          includable in petitioners’ gross income for taxable year 1988               
          because, at the time of the distributions, the Plan failed to               
          meet the requirements of a “qualified trust” under section                  
          401(a).  See Fazi v. Commissioner, 102 T.C. 695 (1994).                     
          Petitioners assert, however, that they are entitled to relief               






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