Calvert Anesthesia Associates-Pricha Phattiyakul, M.D. P.A. - Page 3

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          qualification under Sec. 401(a), or the financial condition and             
          operation of the plan."                                                     
               In a petition that was hand-delivered to this Court on                 
          September 15, 1997, and filed on that day, petitioner petitioned            
          the Court for a declaratory judgment as to the status of the                
          Plan.  Thereafter, the Court filed the instant motion.                      
          Petitioner has responded to this motion by way of an objection,             
          and respondent has responded to petitioner's objection.                     
                                     Discussion                                       
               In Calvert Anesthesia Associates-Pricha Phattiyakul, M.D.              
          P.A. v. Commissioner, 110 T.C.     (1998), an Opinion that we               
          also filed today, the same employer as the instant case                     
          petitioned the Court for a declaratory judgment as to the status            
          of its profit sharing plans.  The facts of that case are almost             
          identical with the facts of the instant case, but for the fact              
          that the retirement plan here is a money purchase plan.                     
               In Calvert Anesthesia Associates-Pricha Phattiyakul, M.D.              
          P.A. v. Commissioner, supra, we held that section 7476(b)(5)                
          requires that a petition for declaratory judgment be filed within           
          91 days of the issuance of a final revocation letter, and that              
          equitable considerations do not allow us to expand on this time             
          period.  We hold the same here.  Because petitioner did not                 
          petition the Court for declaratory judgment within this 91 day              
          period, we must dismiss this case.                                          





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