Legal Opinion

Romann v. Commissioner

United States Tax Court

Decided November 4, 1998No. Tax Ct. Dkt. No. 8842-96RPublishedCited by 29 opinions

The MEBA Plan, a collectively bargained, multiemployer pension plan, provided notice in an employee publication that the MEBA Plan was going to apply to the IRS for an advance determination that it continued to be a tax-qualified pension plan after adoption of certain plan amendments.

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The MEBA Plan, a collectively bargained, multiemployer pension plan, provided notice in an employee publication that the MEBA Plan was going to apply to the IRS for an advance determination that it continued to be a tax-qualified pension plan after adoption of certain plan amendments. P, a retiree receiving a pension under the MEBA Plan, received this notice and wrote to the IRS asserting that the MEBA Plan, after incorporation of the amendments, no longer would be tax- qualified. The IRS issued a favorable determination letter to the MEBA Plan. P filed a petition for declaratory judgment…

1Opinion of the Court

OPINION

Chabot, Judge:

This matter is before the Court on respondent Commissioner’s motion to dismiss for lack of jurisdiction. The issue for decision is whether petitioner is an “interested party” entitled to file a petition for declaratory judgment pursuant to section 7476(b)(1),1 with respect to the continuing qualification of the MEBA Pension Trust Regulations (hereinafter sometime referred to as the MEBA Plan), under subchapter D of chapter 1, sections 401-424. MEBA is an acronym for Marine Engineers’ Beneficial Association.

Background

This case was submitted for decision on the basis of an…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. E. Norman Peterson Marital Trust, Chemical Bank, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1996
  5. Normac, Inc. v. CommissionerUnited States Tax Court · 1988

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3Cited by29 opinions

  1. Raymond v. Comm'rUnited States Tax Court · 2002
  2. Neely v. CommissionerUnited States Tax Court · 2000
  3. Dorn v. Comm'rUnited States Tax Court · 2002
  4. Robinson v. Comm'rUnited States Tax Court · 2002
  5. Smith v. Comm'rUnited States Tax Court · 2005

24 more not listed; retrieve them via the Exa API.

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