John J. Flynn and James H. Thomas - Page 2




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          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.            





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