John F. Romann - Page 29

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          record could fairly be described as a termination or partial                
          termination.11                                                              
               Thirdly, we note that 29 U.S.C. sec. 1341A deals with                  
          terminations of multiemployer plans.  The events that petitioner            
          complains of do not constitute terminations within the meaning of           
          29 U.S.C. sec. 1341A.  See Kershaw Multiemployer Plans--Special             
          Rules, 359-3d, Tax Mgmt. (BNA), A-35 (1994).                                
               We hold, for respondent, that section 1.7476-1(b)(5), Income           
          Tax Regs., does not apply to the instant case.                              
               As a result of the foregoing, we conclude that petitioner is           
          not an interested party within the meaning of section 7476(b)(1),           
          and thus he does not have standing to bring the instant case.               


                             __________________________                               
               It must be clearly understood that our dismissal is only for           
          lack of jurisdiction because, under the statute and the                     
          legislative regulations, petitioner does not have the standing to           
          bring the instant case.  We do not rule, either expressly or by             
          implication, on the merits of any of the parties’ contentions as            
          to whether the MEBA Plan is tax-qualified.  Further, we do not              
          rule, either expressly or by implication, on whether petitioner             
          may initiate a proceeding under any other part of ERISA, the                


               11   See sec. 1.411(d)-2(b), Income Tax Regs.; 1 Lieber,               
          Lieber on Pensions, secs. 3:10,040, 3:10,050, at 3-250, 3-252               
          (1992).                                                                     




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