- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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