- 9 - i.e., the plan is not qualified. Sec. 415(a)(1)(B), (c)(1); Howard E. Clendenen, Inc. v. Commissioner, T.C. Memo. 1998-318. Further, when a plan is disqualified under section 415, the disqualification continues until remedial action is taken. Martin Fireproofing v. Commissioner, 92 T.C. 1173, 1188 (1989). Corrective action of the sort set forth in the regulations is a prerequisite to requalification of a plan following a violation of section 415. Id. at 1184; Van Roekel Farms v. Commissioner, T.C. Memo. 2000-171. As we stated in the declaratory judgment, the corporation had not argued or established that any corrective measures were taken, citing section 1.415-6(b)(6), Income Tax Regs.5 Howard E. Clendenen, Inc. v. Commissioner, supra. Petitioners argue that Rev. Rul. 72-368, 1972-2 C.B. 220, and Rev. Rul. 73-79, 1973-1 C.B. 194, support their contention that disqualification in a prior year does not prevent the plan from being qualified in a future year when it meets the requirements of section 401(a). We disagree. In Martin Fireproofing, we stated that (1) Rev. Rul. 72-368, supra, predates section 415, which was enacted in 1974, and (2) Rev. Rul. 72-368, supra, does not require respondent to qualify a plan 5 Sec. 1.415-6(b)(6), Income Tax Regs., provides for retroactive relief when an excess allocation results from (1) forfeitures, (2) a “reasonable error in estimating” compensation, or (3) “other limited facts and circumstances” to be determined by respondent. See Martin Fireproofing v. Commissioner, 92 T.C. 1173, 1182 (1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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