- 7 -
it in a publication of the employer or an employee organization".
Sec. 1.7476-2(c)(1), Income Tax Regs. Failure to give proper
notice may result in the petition's being dismissed as premature,
and the Court will not conduct a review of the plan. See sec.
7476(b)(2); Hawes v. Commissioner, 73 T.C. 916, 921 (1980).
In the present case, petitioner does not contend that he
failed to receive notice. In fact, petitioner concedes that he
did indeed receive notice in person of the pending application
and filed timely comments with the District Director before the
determination was made. See sec. 1.7476-2(c)(1), Income Tax
Regs. The IRS considered petitioner's comments while the
application was pending and issued a determination with respect
to the plan. Under these circumstances, we do not find that
defective notice is a ground for plan disqualification, or that
petitioner's filing of his petition was premature. See sec.
7476(b)(2). Accordingly, we do not dismiss his petition on this
basis.
Petitioner also complains about the rate of return on plan
assets and expresses his desire for a section 401(k) plan instead
of the MAIL Plan. Respondent contends that petitioner's
arguments regarding the low rate of return and his desire to have
his assets transferred into another type of plan would not result
in plan disqualification and therefore do not amount to an actual
controversy.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011