- 8 -
analysis of the issue in Romann v. Commissioner, supra, we
conclude that the controlling regulation is valid.4 In Romann v.
Commissioner, supra at 288, we stated:
the Congress entrusted the Treasury Department with the
specific task of writing interested party regulations.
The Treasury Department has done so. As our analysis,
supra, shows, in most instances only present employees
of one sort or another can qualify as interested
parties under the regulations. In the case of plan
terminations, the focus shifts to certain former
employees and beneficiaries of deceased former
employees. Perhaps the objectives sought to be
furthered by ERISA would have been better served if the
Treasury Department had issued regulations more in line
with petitioner's suggestion. However, ERISA does not
require the Treasury Department to do so, whether we
focus merely on the enacted words or take into account
the legislative history in order to understand the
enacted words. Under these circumstances, we shall not
rewrite the authorized regulations to meet petitioner's
concerns. See Newborn v. Commissioner, 94 T.C. 610,
636-637 (1990).
See Jablonski v. Commissioner, supra.
Consistent with the preceding discussion, we hold that
petitioners are not interested parties within the meaning of
section 1.7476-1(b), Income Tax Regs. Therefore, we shall grant
respondent's Motion to Dismiss for Lack of Jurisdiction.
To reflect the foregoing,
An order granting respondent's
Motion to Dismiss for Lack of
Jurisdiction will be entered.
4 The Court's opinion in Romann v. Commissioner, 111 T.C.
273 (1998), includes an appendix comprising a detailed summary of
the legislative history underlying sec. 7476.
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