Phillip M. Wenger, C.P.A., A Sole Proprietor - Page 3




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          June 1990, the Internal Revenue Service issued a favorable                  
          determination letter to Charles Schwab for the prototype                    
          standardized money purchase pension plan adopted by petitioner.             
          In December 1994, petitioner adopted a further updated version of           
          the Wenger plan, again using a prototype money purchase plan                
          offered by Charles Schwab.                                                  
               The Wenger plan was in effect for petitioner’s 1994 tax                
          year.  Petitioner is the employer who sponsors the Wenger plan              
          and is responsible for funding it.  The Wenger plan is a                    
          qualified plan subject to the minimum funding standards of                  
          section 412.                                                                
               The Wenger plan has a plan year ending December 31, and the            
          plan reports on a calendar year basis.  On July 6, 1995,                    
          petitioner filed a Form 5558, Application for Extension of Time             
          to File Certain Employee Plan Returns, requesting a 2-1/2-month             
          extension to file the annual return, Form 5500-C/R, for the                 
          Wenger plan.  The extension was granted, and the Form 5500-C/R              
          for the Wenger plan was therefore due on October 16, 1995.                  
          Petitioner filed Form 5500-C/R for the Wenger plan no later than            
          October 16, 1995.                                                           
               On Form 5500-C/R, petitioner reported that, pursuant to                
          section 412, the required contribution to the Wenger plan was               
          $18,275.  Petitioner made the required contribution on October              







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