Frank A. Sonier - Page 4




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                                     Discussion                                       
               Respondent's motion to dismiss for lack of jurisdiction                
          makes the following arguments:  (1) There is no "actual                     
          controversy" because petitioner fails to set forth any grounds              
          which, if proven, would result in plan disqualification; and (2)            
          petitioner does not qualify as an "interested party" because he             
          has not alleged or shown that he is a present employee or that he           
          is covered by a collective-bargaining agreement under which the             
          MAIL Plan is maintained.                                                    
               Section 7476(a) provides that this Court may exercise                  
          jurisdiction over a declaratory judgment action if there is an              
          actual controversy involving a determination by the Secretary               
          with respect to the initial or continuing qualification of a                
          retirement plan, or involving a failure by the Secretary to make            
          a determination with respect to such initial qualification or               
          with respect to such continuing qualification if the controversy            
          arises from a plan amendment or plan termination.  See Loftus v.            
          Commissioner, 90 T.C. 845, 855 (1988), affd. without published              
          opinion 872 F.2d 1021 (2d Cir. 1989).  Petitioner bears the                 
          burden of proving that the jurisdictional requirements of section           
          7476 have been met.  See Rule 217(c)(1)(A)(i); Halliburton Co. v.           
          Commissioner, 98 T.C. 88, 94 (1992).                                        
               We shall first address whether an actual controversy exists.           
          As previously stated, in order for us to exercise jurisdiction              





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