Westchester Plastic Surgical Associates, P.C. - Page 12




                                       - 12 -                                         

               Petitioner contends that the Defined Benefit Plan did not              
          violate the exclusive benefit rule and therefore should remain              
          qualified.  Respondent contends that the Defined Benefit Plan is            
          not a qualified plan within the meaning of section 401(a) for               
          plan year ended October 31, 1990, and thereafter because its                
          investments and Morrissey's transfer of real property, on October           
          19, 1990, in an attempt to repay loans to him, violated the                 
          exclusive benefit requirement.  Specifically, respondent contends           
          that the Defined Benefit Plan failed to satisfy the exclusive               
          benefit rule by investing almost all of its assets in 23 loans to           
          the plan trustee.9                                                          
               Section 404(a)(1)(A) provides that contributions to a                  
          pension trust are deductible by the employer if the trust is                
          exempt from tax under section 501(a).  In order for the trust to            
          be entitled to tax-exempt status under section 501(a), a                    
          retirement plan must be established by an employer and meet all             
          the requirements of section 401(a).  See Professional & Executive           


               9Respondent seems to think that the Defined Benefit Plan and           
          the Money Purchase Plan are one plan, as it appears respondent              
          has combined the loans from both plans.  See supra note 1.  We              
          previously found that from Nov. 14, 1979, to Feb. 17, 1989, the             
          Defined Benefit Plan and Money Purchase Plan made 23 loans to               
          Morrissey.  See Morrissey v. Commissioner, T.C. Memo. 1998-443.             
          In addition, we previously found that Morrissey transferred to              
          the Money Purchase Plan his 50-percent interest in two parcels of           
          unencumbered real estate and that he never transferred any value            
          to the Defined Benefit Plan to repay his loans from the Defined             
          Benefit Plan assets.  See id.                                               





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011