- 10 - ESOP, the MGMT ESOP did not satisfy the requirements of section 410(b). We conclude that respondent’s revocation of the MGMT ESOP’s qualification was justified.7 We note in passing that two or more plans may sometimes be aggregated so that the number of participants benefiting in both plans may be taken into consideration when determining whether minimum participation standards have been met. Sec. 410(b)(6)(B). Petitioner has failed to produce credible evidence that the MGMT ESOP can be aggregated with the MFG ESOP for this purpose. Nor has petitioner produced, and the record does not contain, evidence that would support a conclusion that the MGMT ESOP would qualify for subsequent plan years. To reflect the foregoing, Decision will be entered for respondent. 7 Our holding complies with the intent of Congress in enacting sec. 414(b) as expressed in H. Rept. 93-779, at 49 (1974), 1974-3 C.B. 244, 292: The committee, by this provision, intends to make it clear that the coverage and antidiscrimination provisions cannot be avoided by operating through separate corporations instead of separate branches of one corporation. For example, if managerial functions were performed through one corporation employing highly compensated personnel, which has a generous pension plan, and assembly-line functions were performed through one or more other corporations employing lower- paid employees, which have less generous plans or no plans at all, this would generally constitute an impermissible discrimination.* * *Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011