Gordon J. and Bonnie L. Schoof - Page 16

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          requirement of a written plan that is communicated to employees             
          would have no meaning if the employer did not prepare a written             
          plan to which it (the employer) was contractually bound.  Fazi v.           
          Commissioner, supra at 704.  "An unexecuted and unadopted plan              
          would be of no comfort to employees who might have to rely upon the         
          terms of a plan for their future security."  Id.                            
               IRA trusts were created by Congress to provide retirement              
          savings opportunities to employees whose employers did not provide          
          qualified retirement plans.  H. Rept. 93-779, supra at 124-125,             
          1974-3 C.B. at 367-368.  The same concern as to employer retirement         
          plans, namely the beneficiary's future security, is at the heart of         
          the IRA trust arrangement.  Consequently, a trustee who has the             
          capacity to administer the trust in a manner that is consistent             
          with the purpose of a retirement account is critical to the                 
          qualification of an IRA trust.  An individual, per se, does not             
          have such capacity because of the lack of continuity in case of his         
          or her death.  As a result, the lack of a qualified trustee is              
          fatal to the existence of a qualified IRA trust under section               
          408(a).                                                                     
               The substantial compliance doctrine, which petitioners request         
          we apply to their situation, is not applicable to the situation             
          herein.  In Wood v. Commissioner, 93 T.C. 114 (1989), a taxpayer            
          sought to roll over the proceeds from a profit-sharing plan into an         







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