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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.
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Last modified: May 25, 2011