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meet the requirements of section 401(a)1 for the plan years
beginning after July 31, 1986, and that its related trust (the
trust) was not tax exempt under section 501(a) for trust years
ending with or within the affected plan years. Respondent also
revoked the prior determination letter to petitioner dated August
20, 1990.
The issue for decision is whether the ESOP violated the
qualification requirements of section 401(a)(16) in operation,
preventing its related trust from being exempt from income tax
under section 501(a), because amounts contributed to the trust
and allocated to the accounts of the ESOP's participants exceeded
the section 415 limitations for the limitation years that ended
July 31, 1987, through July 31, 1990.2
1Unless otherwise indicated, all section references are to
the Internal Revenue Code as in effect for the years in issue,
and all Rule references are to the Tax Court Rules of Practice
and Procedure.
2We note that petitioner alleged, in its second amended
petition, that respondent issued the final revocation letter
after the expiration of the applicable statute of limitations.
We further note that petitioner abandoned this claim as
petitioner does not address this issue in its brief or in its
reply brief.
Moreover, the present action now before this Court is a
declaratory judgment action concerning the qualification of
petitioner's ESOP. This action does not involve the imposition
or collection of tax. There is no applicable statute of
limitations with regard to the issuance of revocation of
qualification letters, as they do not involve the imposition of
tax. Sec. 6501(a) provides:
(continued...)
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