Phillip M. Wenger, C.P.A., A Sole Proprietor - Page 5




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                                     Discussion                                       
               Section 412(a) requires generally that an employer who                 
          sponsors a qualified retirement plan such as a money purchase               
          plan must satisfy the minimum funding standard for such plan for            
          each plan year.  In order to meet the minimum funding standard,             
          the plan must not have an accumulated funding deficiency for the            
          plan year.  See sec. 412(a).  To determine whether an accumulated           
          funding deficiency exists for any year, pension plan costs and              
          liabilities are compared to employer contributions through the              
          “funding standard account”.  At the end of each plan year, the              
          employer will have satisfied its minimum funding obligation if              
          the aggregate charges to the account, determined on a cumulative            
          basis, do not exceed the aggregate credits.  Any excess is an               
          accumulated funding deficiency.                                             
               Section 4971(a) imposes on the employer responsible for                
          making the required contributions a 10-percent excise tax on any            
          accumulated funding deficiency, as defined in section 412(a),               
          existing for any plan year.  The imposition of the excise tax               
          under section 4971(a) is mandatory if there is an accumulated               
          funding deficiency for any plan year.  See D.J. Lee, M.D., Inc.             
          v. Commissioner, 92 T.C. 291, 300 (1989), affd. 931 F.2d 418 (6th           
          Cir. 1991).                                                                 
               The parties agree that for the Wenger plan year ending                 
          December 31, 1994, petitioner was required to make contributions            





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