Roblene, Inc. - Page 2




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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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