- 8 - plan as "a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account, and any income, expenses, gains, and losses, and any forfeitures of accounts of other participants which may be allocated to such participant's account." Although petitioners acknowledge that a defined contribution plan must provide for an individual account for each participant, and the benefits therefrom must be based on the amounts contributed, they contend that gains and losses are not required to be allocated to a participant's account and that maintaining individual records of the participant's contributions is sufficient. Petitioners focus on the inclusion of the terms "any" and "may" in section 414(i) in defining a defined contribution plan. In support of their contention, petitioners rely upon the decision in Guilzon v. Commissioner, 985 F.2d 819 (5th Cir. 1993), affg. on other grounds 97 T.C. 237 (1991), in which the Court of Appeals for the Fifth Circuit rejected the Government's assertion that earnings and losses must be allocated to the participant's account. The Court of Appeals focused on the language of section 414(i) and concluded that an account can qualify as a separate account without having gains and losses being credited to the participant's account. Id. at 822. While ultimately concluding that the taxpayer's lump-sum credit wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011