Calvert Anesthesia Associates-Pricha Phattiyakul, M.D., P.A. - Page 7

                                        - 7 -                                         

                    referred to in paragraph (1), to any individual                   
                    designated under regulations prescribed by the                    
                    Secretary as a representative of such employee),                  
                    no proceeding may be initiated under this section                 
                    by any person unless the pleading is filed before                 
                    the ninety-first day after the day after such                     
                    notice is mailed to such person (or to his                        
                    designated representative, in the case of an                      
                    employee).                                                        
                    (c)  Retirement Plan.--For purposes of this section,              
               the term "retirement plan" means--                                     
                         (1)  a pension, profit-sharing, or stock bonus               
                    plan described in section 401(a) or a trust which is              
                    part of such a plan, or                                           
                         (2)  an annuity plan described in section 403(a).            
          Thus, following the passage of ERISA, our authority to make a               
          declaratory judgment concerning the qualification of a retirement           
          plan, or whether the qualification of a retirement plan is                  
          revoked, is subject to five jurisdictional limitations set forth            
          in section 7476(b).  See also Rule 210(c).  Any of these                    
          limitations, if not met, will prevent us from making a                      
          declaratory judgment and will result in a dismissal of the                  
          underlying petition.  Id.; McManus v. Commissioner, 93 T.C. 79,             
          84 (1989).                                                                  
               We are concerned with the limitation in section 7476(b)(5),            
          namely, the time for bringing an action for a declaratory                   
          judgment.  Our decision turns on the text of this section, which,           
          if plain and unambiguous, is the answer to our inquiry.  To the             
          extent that we can understand and apply the plain meaning of                
          unambiguous statutory text, we shall do so.  Garcia v. United               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011