Frank A. Sonier - Page 7




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          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.                                                                





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