-12- The statute provides that only certain persons are permitted to file a pleading to initiate a proceeding for such a declaratory judgment. Sec. 7476(b)(1). Petitioner maintains that he is a permissible petitioner because, in the words of section 7476(b)(1), he is “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”. Respondent Commissioner contends5 that petitioner does not qualify as an “interested party” because (1) the MEBA Plan is collectively bargained and so the applicable regulation is section 1.7476-1(b)(4), Income Tax Regs.; (2) this regulation requires an interested party to be a “present” employee, and petitioner had retired and so was not a present employee at the relevant time of determination; and (3) petitioner is not an interested party under any other provision in the regulations. Petitioner responds that he qualifies as an interested party because (1) he is considered retired for pension purposes only; (2) respondent Commissioner misinterprets section 1.7476-1(b)(4), Income Tax Regs.; (3) the Supreme Court’s interpretation of the term “employee” in Robinson v. Shell Oil Co., 519 U.S. 337 (1997), should be applied to section 7476; and (4) in any event 5 Respondent Board “concurs in the filing and granting” of respondent Commissioner’s motion to dismiss.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011