Michael Alan Jablonski - Page 3

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                              Section 7476(b)(1) limits the persons who may file a                                                                                         
                    petition under section 7476 to, inter alia, "an employee who has                                                                                       
                    qualified under regulations prescribed by the Secretary as an                                                                                          
                    interested party".  For purposes here, the definition of an                                                                                            
                    interested party is generally limited to "present employees of                                                                                         
                    the employer who are eligible to participate in the plan" and                                                                                          
                    "other present employees of the employer" who share the same                                                                                           
                    place of business.  Sec. 1.7476-1(b)(1), Income Tax Regs.;                                                                                             
                    emphasis added.  With regard to certain plan amendments, section                                                                                       
                    1.7476-1(b)(3), Income Tax Regs., provides:                                                                                                            
                              In the case of an application for an advance determination                                                                                   
                              as to whether a plan amendment affects the continuing                                                                                        
                              qualification of a plan, if                                                                                                                  
                                        (i) there is outstanding a favorable determination                                                                                 
                              letter for a plan year to which section 410 applies, and                                                                                     
                                        (ii) the amendment does not alter the participation                                                                                
                              provisions of the plan,                                                                                                                      
                              then [paragraph] (b)(1) * * * shall not apply, and all                                                                                       
                              present employees of the employer who are eligible to                                                                                        
                              participate in the plan * * * shall be interested parties.                                                                                   
                              * * * [Emphasis added.]                                                                                                                      
                    The only circumstance in which a former employee qualifies as an                                                                                       
                    interested party is in the event of a plan termination.  Sec.                                                                                          
                    1.7476-1(b)(5), Income Tax Regs.  Petitioner concedes that this                                                                                        
                    situation does not involve a plan termination.  In short, except                                                                                       
                    in the event of a plan termination, under the regulations former                                                                                       
                    employees are not interested parties for purposes of section 7476                                                                                      
                    and are not authorized to file a petition with this Court.                                                                                             





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Last modified: May 25, 2011