- 5 - over a declaratory judgment action under section 7476, there must be an actual controversy involving a determination by the Secretary with respect to the initial or continuing qualification of a retirement plan. See sec. 7476(a). In deciding whether an actual controversy exists, we look to the standard set forth by the Supreme Court in Maryland Cas. Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 (1941). The standard is whether, under all the facts and circumstances, there is a "substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." Id.; see also Loftus v. Commissioner, supra at 856. We have noted that an actual controversy under section 7476 generally arises from some disagreement between a petitioner and the Commissioner as to the qualified status of the plan. See Halliburton Co. v. Commissioner, supra at 105; Loftus v. Commissioner, supra at 855-859. We begin, therefore, by examining petitioner's arguments with respect to the qualified status of the plan. Petitioner claims that the IRS should not have approved the plan because the rate of return is unfavorable, petitioner preferred a section 401(k) plan, and the proper notice requirements were not met. We address his defective notice argument first.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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