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satisfied all the jurisdictional requirements. See sec. 7476(b);
Rule 210(c). On September 24, 1998, respondent sent petitioner a
final revocation letter stating that the Van Roekel Farms, Inc.
Employee Stock Ownership Plan (ESOP) does not qualify under
section 401(a) for plan year ending July 31, 1993, and subsequent
years,2 and that, accordingly, its trust is not tax exempt under
section 501(a). Under Rules 122 and 217, the parties submitted
this case without trial and on the basis of a jointly stipulated
administrative record, which we incorporate by this reference.
Hereinafter, we sometimes refer to the ESOP and trust as,
collectively, the plan.
The issues are: (1) Whether petitioner violated section
401(a)(16) for years beginning after July 31, 1993, by
contributing amounts to the plan that exceeded the allowable
limits of section 415(c); and (2) whether the plan is
disqualified for years ending July 31, 1995 and 1996, because it
was not timely amended to comply with section 401(a)(17) and
(31). Since we agree with respondent’s first contention and
decide the case on that ground, we do not reach the second issue.
2Respondent argues on brief that petitioner’s employee stock
ownership plan (ESOP) is disqualified for plan years beginning
after July 31, 1993. Although fiscal 1993 is the first year for
which respondent issued the revocation letter, respondent does
not challenge, and we therefore treat as conceded, the ESOP’s
qualified status for that year.
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