John F. Romann - Page 3

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          behalf of all the parties under Rule 217(b)(1).2  The                       
          administrative record as so filed and certified is incorporated             
          herein by this reference; statements as to facts represented                
          therein are assumed to be true for purposes of the motion to                
          dismiss.  Additional facts, for purposes of this motion, have               
          been found on the basis of petitioner’s admissions.                         
               When the petition for declaratory judgment was filed, the              
          address of the Board of Trustees of the MEBA Pension Trust,                 
          hereinafter sometimes referred to as the Board, was in Baltimore,           
          Maryland.                                                                   
          Procedure                                                                   
               On March 24, 1995, the Board formally asked the Baltimore,             
          Md., District Director of the IRS (hereafter sometimes referred             
          to as the District Director) to issue a favorable determination             
          letter that the MEBA Plan would remain tax-qualified upon                   
          adoption of certain amendments.  The Board had already issued a             
          Notice to Interested Parties that it intended to file for such an           
          advance determination.  This notice was printed in the                      
          March/April 1995 issue of Marine Officer, a newspaper which is              
          published by the Marine Engineers’ Beneficial Association (AFL-             
          CIO) and distributed to members and pensioners.  On March 12,               
          1995, petitioner wrote to the District Director with comments               
          regarding the continuing tax-qualified status for the MEBA Plan.            

               2    Unless indicated otherwise, all Rule references are to            
          the Tax Court Rules of Practice and Procedure.                              




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