John F. Romann - Page 11

                                        -11-                                          
                                     Discussion                                       
               Section 74764 gives the Tax Court jurisdiction to make a               
          declaratory judgment with regard to the tax-qualified status of a           
          retirement plan.                                                            

               4  Sec. 7476 provides, in pertinent part, as follows:                  
               SEC. 7476.  DECLARATORY JUDGMENTS RELATING TO QUALIFICATION            
          OF CERTAIN RETIREMENT PLANS.                                                
                    (a) Creation of Remedy.--In a case of actual                      
               controversy involving--                                                
                         (1) a determination by the Secretary with respect            
                    to the initial qualification or continuing                        
                    qualification of a retirement plan under subchapter D             
                    of chapter 1, or                                                  
                         (2) a failure by the Secretary to make a                     
                    determination with respect to--                                   
                              (A) such initial qualification, or                      
                              (B) such continuing qualification if the                
                         controversy arises from a plan amendment or plan             
                         termination,                                                 
                    upon the filing of an appropriate pleading, the Tax               
                    Court may make a declaration with respect to such                 
                    initial qualification or continuing qualification.  Any           
                    such declaration shall have the force and effect of a             
                    decision of the Tax Court and shall be reviewable as              
                    such.  For purposes of this section, a determination              
                    with respect to a continuing qualification includes any           
                    revocation of or other change in a qualification.                 
                    (b) Limitations.--                                                
                         (1) Petitioner.--A pleading may be filed under               
                    this section only by a petitioner who is the employer,            
                    the plan administrator, an employee who has qualified             
                    under regulations prescribed by the Secretary as an               
                    interested party for purposes of pursuing                         
                    administrative remedies within the Internal Revenue               
                    Service, or the Pension Benefit Guaranty Corporation.             




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Last modified: May 25, 2011