- 2 -- 2 - petitioner participated in a retirement plan (the plan). Originally petitioner had the right to withdraw the entire amount of his accrued benefits in one lump sum distribution. The plan was amended in 1994, retroactive to 1989. The amendment, inter alia, barred lump sum distributions. The administrators of the plan sought a determination from respondent that the plan was qualified under section 401.1 Petitioner opposed the amendment and the continuing qualification of the plan. By letter dated September 19, 1997, respondent issued a favorable determination to the plan, as amended. Petitioner then filed a petition for declaratory judgment with this Court under section 7476. Discussion The Tax Court's jurisdiction is limited to the extent expressly permitted by statute. See sec. 7442; Trost v. Commissioner, 95 T.C. 560, 565 (1990). Section 7476(a) authorizes this Court to determine the outcome of a controversy involving the qualification or continuing qualification of a retirement plan upon the filing of an appropriate pleading. A petition may be filed only by an employer, the plan administrator, or an employee who qualifies as "an interested party". Sec. 7476(b)(1); Rule 211(c)(4)(A). 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011