Westchester Plastic Surgical Associates, P.C. - Page 2




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          Code, and all Rule references are to the Tax Court Rules of                 
          Practice and Procedure.                                                     
               On April 3, 1997, respondent issued a final nonqualification           
          letter to petitioner stating that the Westchester Plastic                   
          Surgical Associates Defined Benefit Plan (the Defined Benefit               
          Plan) failed to meet the requirements of section 401(a) for the             
          plan years ending October 31, 1990, and thereafter, and that its            
          related trust (the Trust) was not tax exempt under section 501(a)           
          for trust years ending with or within the affected plan years.              
          Respondent also revoked the prior favorable determination letter            
          to petitioner dated December 5, 1988.                                       
               The issue for decision is whether petitioner's Defined                 
          Benefit Plan violated the exclusive benefit rule under section              
          401(a)(2).1                                                                 






               1Petitioner also has a Money Purchase Pension Plan which it            
          adopted effective as of Jan. 15, 1972.  We note that throughout             
          both petitioner's and respondent's briefs, both petitioner and              
          respondent refer to the Defined Benefit Plan and the Money                  
          Purchase Plan as if they were one plan.  However, we note that              
          there are two separate plans:  The Defined Benefit Plan and the             
          Money Purchase Pension Plan.  See Morrissey v. Commissioner, T.C.           
          Memo. 1998-443.  Since the petition addresses only the Defined              
          Benefit Plan and attaches only the Nonqualification Letter for              
          the Defined Benefit Plan and since the administrative record                
          contains only the Nonqualification Letter for the Defined Benefit           
          Plan, we will address only the qualification of the Defined                 
          Benefit Plan.                                                               




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