- 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