- 2 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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