Frank Gant and Roberta Gant - Page 11

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          requirements of section 410(b) in the plan year ended June 30,              
          1991, since they were no longer in existence.                               
               Respondent argues that the Pension Plan was not terminated             
          as of June 30, 1988, because statutory requirements were not                
          followed, and the Money Purchase Plan was not terminated as of              
          the end of the same year because Products did not intend to                 
          terminate it then.  Thus, according to respondent, it follows               
          that both the Pension Plan and the Money Purchase Plan                      
          (predecessor of the Profit Sharing Plan) were ongoing plans                 
          through the plan year ending June 30, 1991, and were required to            
          meet the requirements of sections 401(a)(26) and 410(b).                    
               A.   Pension Plan Termination                                          
               For purposes of the Internal Revenue Code, if a plan is                
          covered by title IV of the Employee Retirement Income Security              
          Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829, such plan is             
          "considered terminated on a particular date if, as of that date--           
          (i) The plan is voluntarily terminated by the plan administrator            
          under section 4041 of the Employee Retirement Income Security Act           
          of 1974".  Sec. 1.411(d)-2(c)(2), Income Tax Regs. (Emphasis                
          added.)  ERISA governs pension plan terminations.  ERISA sec.               
          4021, 29 U.S.C. sec. 1321(a), provides that title IV covers a               
          plan which "is an employee benefit pension plan * * * [or] is, or           
          has been determined by the Secretary of the Treasury to be, a               
          plan described in section 401(a) of title 26".  In this case, the           





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