-32- procedure is to be entitled to receive a copy of the determination issued by the Service in connection with the proceeding. If the employee questions a Service determination with respect to the qualification of a particular plan, he may petition the Tax Court to issue a declaratory judgment as to the status of the plan. The committee believes that this procedure is desirable because it will permit all interested parties to the controversy (the Government, the trustee, the employer, and his employees) to have an opportunity to participate in the administrative determination of the matter and to have an opportunity to contest the Service determination of the matter. S. Rept. 93-383, 113 (1973), 1974-3 C.B. (Supp.) 80, 192. On September 18, 1973, the Senate began floor debate on S. 4, and adopted as a substitute, an amendment which embodied an agreement between leaders of the Senate Finance Committee and the Senate Labor and Public Welfare Committee. The substitute embodied elements of S. 4, as reported, and S. 1179, as reported. In particular, section 601(a) of the substitute includes precisely the same language as section 601(a) of S. 1179, relating to declaratory judgment actions brought by employees. On September 19, 1973, after the Senate completed action on further amendments to S. 4, the Senate took up H.R. 4200, a bill previously passed by the House of Representatives, and added the language of S. 4, as amended, as an amendment at the end of H.R. 4200. 119 Cong. Reg. 30416 (1973). The Senate then passed H.R. 4200, as thus amended. 119 Cong. Rec. 30428 (1973). As a result of the foregoing, the language of H.R. 4200 as amended and passed by the Senate, insofar as it related toPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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