- 3 - Dear Mr. Finnell: Thank you for your comments concerning this plan. Enclosed is a copy of a final determination letter that was issued for this plan. Interested parties who make comments on a determination letter request may petition the U.S. Tax Court for a declaratory judgment regarding the determination if they disagree with the determination. If you wish to file such a petition, it must be made before 92 days after the date this letter was mailed to you. On August 8, 1997, petitioner wrote a letter to the District Director stating that "This letter is to petition the U.S. Tax Court for a declaratory judgment regarding the determination on the Linscott, Haylett, Wimmer & Wheat (LHWW) P.C. 401(k) Profit Sharing Plan, as defined by your letter dated May 13, 1997." On August 20, 1997, petitioner mailed a letter to the Court stating that "This letter is to petition the U.S. Tax Court for a declaratory judgment regarding the determination on the Linscott, Haylett, Wimmer & Wheat (LHWW) P.C. 401(k) Profit Sharing Plan." We received petitioner's letter on August 26, 1997, and we filed it as a petition for declaratory judgment as to the status of the Plan. Discussion In Calvert Anesthesia Associates-Pricha Phattiyakul, M.D., P.A. v. Commissioner, 110 T.C. (1998), we recently held that section 7476(b)(5) requires that a petition for declaratory judgment be filed with the Court within 91 days of the issuancePage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011