- 5 - 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 contributionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011