-24- 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 aPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011