- 11 - We note that with regard to qualified plans, a QJSA is generally defined in the Code and regulations in terms of a reduced joint and survivor annuity. See sec. 417(b); sec. 1.401(a)-11(b)(2), Income Tax Regs. Petitioner has not identified any plan language which logically establishes a subsidized joint and 100-percent survivor annuity as a form of benefit for Rozenblatt and Jakubowicz. For the above reasons, we agree with respondent's interpretation of the language of the plans, and we conclude that under the plans, Rozenblatt and Jakubowicz receive retirement benefits in the form of joint and 100-percent survivor annuities that have the same present value as single life annuities for the life of each participant or reduced joint and 100-percent survivor annuities. Accordingly, the portion of petitioner's contributions to the plans that exceed the costs of funding retirement benefits for Rozenblatt and Jakubowicz in the form of reduced joint and 100-percent survivor annuities was properly disallowed by respondent. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011