- 8 - dispute that, at the time petitioners received their lump-sum distributions from the Plan, the Plan was not qualified under section 401(a). Petitioners assert, however, that the distributions they received from the Plan should not be taxable because respondent failed to give notice to the Plan sponsor of the possibility of using the CAP Program in order to avoid plan disqualification. Petitioners argue that this notice is mandatory under the CAP Program, which was in place at the time Ace received its final determination letter revoking the Plan’s qualified status. Petitioners’ argument is without merit. The IRS will, at the request of the taxpayer, issue an initial determination letter stating whether a plan qualifies under section 401(a). The Commissioner has broad authority, however, to revoke a determination letter retroactively. Sec. 7805(b). As stated above, a plan, in order to be qualified, must initially meet the formal requirements of section 401(a) and must be continually amended to comport with subsequent changes to the statutory requirements. Buzzetta Constr. Corp. v. Commissioner, 92 T.C. 641, 646 (1989). It is clear from the record, and there is no dispute between the parties, that Ace failed to meet these requirements, and it was for this reason that the Plan’s tax- exempt status was revoked. While it appears that respondent did not handle the instant case in accordance with the guidelines set forth under the CAPPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011