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its plan year ended December 31, 1991, that the trust underlying
the Plan (the Trust) was not tax exempt under section 501(a) for
the same year, and that respondent was revoking a July 29, 1987,
favorable determination letter issued to petitioner in connection
with the Plan and the Trust. The reason stated in the final
revocation letter for respondent's action was that petitioner had
"failed to provide the information necessary to determine
allowable deductions under IRC Sec. 404, 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 a case of first impression, we must decide, as a
jurisdictional matter, the number of days that an employer or
other qualified person has to petition this Court for a
declaratory judgment following the issuance of a final revocation
letter. Respondent alleged initially that petitioner, the
employer at hand, had 92 days. In the response to petitioner's
objection, respondent shortens this period by 1 day, alleging
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