- 16 - 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 anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011