- 5 - matching contributions by the employer. Section 401(a) includes stock bonus plans, pension plans, and 401(k) cash and deferred arrangement plans. Sec. 401(a), (k). Therefore, the CP&L pension plan is a qualified plan under section 401(a). Petitioner’s 1996 Form W-2, Wage and Tax Statement, from CP&L indicates that she participated in the CP&L pension plan before her termination and that she made contributions which totaled $1,175.46. Petitioner concedes that any money she contributed in the first weeks of 1996 before her termination went into the funds “already in the [CP&L pension] Plan”, where it remained and she received a benefit. Petitioner was not excluded from the eligibility provisions of the CP&L pension plan before her termination. Petitioner made contributions to, and accrued benefits in, the CP&L pension plan during 1996. Petitioner’s reliance on IRS Pub. 17 is also misplaced. The language in IRS Pub. 17 on which petitioner relies states that if a taxpayer receives benefits from a previous employer’s pension plan and the taxpayer is not covered by a current employer’s pension plan, then the taxpayer is not considered covered by a plan. This was not the case with petitioner because she did not receive benefits from the CP&L pension plan during 1996. In any event, the authoritative sources of Federal tax law are in the statutes, regulations, and judicial decisions, and not in such informal publications. Zimmerman v. Commissioner, 71 T.C. 367,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011