- 2 - interested parties entitled to file a petition for declaratory judgment pursuant to section 7476(b)(1).1 Background The International Headquarters Pension And Beneficiaries Plan Of The International Union Of Operating Engineers (the Engineers plan), established by the International Union of Operating Engineers (the Union) in 1947, is a single employer defined benefit plan. On or about January 6, 1999, the Union filed an Application for Determination for Employee Benefit Plan (Form 5300) with the Internal Revenue Service (IRS) seeking a determination that the Engineers plan remained tax-qualified following the adoption of certain plan amendments. Prior to filing its application, the Union issued a Notice to Interested Parties stating that it intended to seek an administrative determination respecting the continuing tax qualification of the Engineers plan. The notice was distributed to both current and former Union employees, including former employees John J. Flynn and James H. Thomas (hereinafter petitioners). Petitioners left the employ of the Union prior to January 1, 1997. On January 26, 1999, petitioners submitted a comment letter to the IRS expressing concern that the amendments to the 1 Unless otherwise indicated, section references are to sections of the Internal Revenue Code, as amended. Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011