- 2 - the exclusive means of terminating a single-employer defined benefit plan. Held, further, whether a defined contribution plan is terminated is generally a question to be determined with regard to all the facts and circumstances in a given case. Secs. 1.411(d)-2(c)(3), 1.401-6(b)(1), Income Tax Regs. Held, further, P must include the value of his vested accrued benefits in gross income for 1991-93 taxable years. Frank Gant and Roberta Gant, pro se. Roger P. Law, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION NIMS, Judge: Respondent determined the following deficiencies and penalties with respect to the Federal income taxes of petitioners Frank Gant (Gant) and Roberta Gant: Year Deficiency Sec. 6663(a) 1991 $230,397 $172,798 1992 18,012 13,509 1993 21,978 16,484 Respondent filed an Amended Answer which asserted additions to tax under section 6662(a) for the taxable years 1991, 1992, and 1993 in the amounts of $46,079, $3,602, and $4,395, respectively. In the Amended Answer respondent conceded the section 6663(a) penalty for all years. At trial, respondent conceded the section 6662(a) penalty for all years. Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the years inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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