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Discussion
Section 7476 gives the Tax Court jurisdiction to make a
declaratory judgment with regard to the tax-qualified status of a
retirement plan.3 Section 7476(b)(1) provides that only certain
3 Sec. 7476 provides, in pertinent part, as follows:
SEC. 7476. DECLARATORY JUDGMENTS RELATING TO
QUALIFICATION OF CERTAIN RETIREMENT PLANS.
(a) Creation of Remedy.--In a case of actual
controversy involving--
(1) a determination by the Secretary with
respect to the initial qualification or continuing
qualification of a retirement plan under
subchapter D of chapter 1, or
(2) a failure by the Secretary to make a
determination with respect to--
(A) such initial qualification, or
(B) such continuing qualification if the
controversy arises from a plan amendment or
plan termination,
upon the filing of an appropriate pleading, the
Tax Court may make a declaration with respect to
such initial qualification or continuing
qualification. Any such declaration shall have the
force and effect of a decision of the Tax Court
and shall be reviewable as such. For purposes of
this section, a determination with respect to a
continuing qualification includes any revocation
of or other change in a qualification.
(b) Limitations.--
(1) Petitioner.--A pleading may be filed
under this section only by a petitioner who is the
employer, the plan administrator, an employee who
has qualified under regulations prescribed by the
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Last modified: May 25, 2011