- 17 - be taxable on $13,282 ($13,193 + $89) in 1990 and $3,790 ($16,843 - $13,193 + $140) in 1991. Section 83(e)(2) provides for an exception to the above rule. Respondent argues that the exception does not apply. The relevant portion of section 83(e) provides: (e) Applicability of Section.--This section shall not apply to-- * * * * * * * (2) a transfer to or from a trust described in section 401(a) * * * Section 401(a) provides, in part: (a) Requirements for Qualification.--A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section-- * * * * * * * (2) if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees or their beneficiaries * * * Respondent argues that the trusts were in violation of section 401(a)(2), and the section 83(e)(2) exception therefore does not apply. Respondent also argues that Mrs. Lozon was not a "qualified participant" in the plan (a requirement of the pension plan itself) since she was not an employee. Respondent'sPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011