Charles P. Stepnowski - Page 11

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          initial or continuing qualification of a retirement plan under              
          section 401(a), properly applied the law to the facts presented             
          in the request for such determination.  Thompson v. Commissioner,           
          71 T.C. 32, 36-37 (1978); see H. Rept. 93-807, at 108 (1974),               
          1974-3 C.B. (Supp.) 236, 343; S. Rept. 93-383, at 114 (1973),               
          1974-3 C.B. (Supp.) 80, 193; see also Wenzel v. Commissioner, 707           
          F.2d 694, 696 (2d Cir. 1983), affg. T.C. Memo. 1982-595; McManus            
          v. Commissioner, 93 T.C. 79, 87 (1989).                                     
               As a preliminary matter, we address petitioner’s contention            
          that the Court should reconsider its Order dated July 15, 2004,             
          and grant petitioner’s Motion for an Order to Calendar for Trial            
          and petitioner’s Motion for Permission for Discovery.  Other than           
          making several conclusory statements as to the necessity of                 
          “getting the facts”, petitioner has not discussed how discovery             
          and trial will assist the Court in reaching a decision on the               
          question of law that is before it in this case, i.e., whether               
          respondent Commissioner erred in determining that the amendment             
          to the plan’s lump-sum payment option did not violate the anti-             
          cutback rule of section 411(d)(6).  Rather, petitioner asserts              
          that Hercules misrepresented to the IRS the effect of the plan              
          amendment.  Respondent Commissioner has maintained throughout               
          these proceedings that (1) respondent Commissioner was aware of             
          the amendment to the lump-sum payment option at the time that the           
          favorable determination letter was issued to Hercules and (2) the           






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