John F. Romann - Page 24

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               Petitioner also appears to assert that respondent                      
          Commissioner misinterprets section 1.7476-1(b)(4), Income Tax               
          Regs., as follows:                                                          
               19.       (a) Denies that Section 1.7476-1(b)(4), Income Tax           
                    Regs., provides that “interested parties” with respect            
                    to an application for a determination regarding a                 
                    collectively bargained plan must be “present employees            
                    covered by a C/B agreement pursuant to which plan is              
                    maintained-------”  Petitioners [sic] denial is                   
                    grounded upon alleged mis-interpretation of Inc. Tax.             
                    Regulation 1.7476-1(b)(4), by the Respondent                      
                    (Commissioner IRS)                                                
                         (b) It is sometimes considered “unfortunate” that            
                    retired employees must be covered under a collectively            
                    bargained plan, instead of being able to enjoy the                
                    liberty to appoint their own representative(s).  If               
                    such were possible, this litigation may have been                 
                    avoided.  (See Official Court Record, Petitioners [sic]           
                    REPLY to Respondent (Commissioner IRS) ANSWER to                  
                    Amended Petition For Declaratory Judgement (Retirement            
                    Plan) on page “21”, under “F-14”, and continuing on               
                    page “22”.)  (Administrative Record, Exhibit 14-N, page           
                    17, para. “9”, An Amicus on page “7” reproduced as page           
                    “43” as a part of the Official Court Record in                    
                    Petitioners [sic] Opening Brief, a reference to entire            
                    paragraph at the top of the page).                                
                         (c) The petitioner alleges, that, it would appear            
                    that the Secretary, in writing the remedial                       
                    mechanism(s) available under I.R.C. 1.7476(a), [sic]              
                    would have been mindful of paragraph (b) above, and so            
                    worded Section 1.7476(b)(4) [sic] of the Income Tax               
                    Regulations to insure that all present employees                  
                    covered by a Collective Bargaining Agreement pursuant             
                    to which the plan is maintained, “shall be interested             
                    parties”.                                                         
               We conclude that respondent Commissioner has correctly                 
          interpreted section 1.7476-1(b)(4), Income Tax Regs.                        
               Paragraph (1) of section 7476(b) provides that a declaratory           
          judgment proceeding may be brought under section 7476 “only” by a           





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