- 3 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011