Fujinon Optical, Inc. v. Commissioner
United States Tax Court
Petitioner, a domestic subsidiary of a foreign parent corporation, is a member of a controlled group as defined in sec. 1563(a), I.R.C. 1954. Petitioner's business is wholly unrelated to that of both other members of the controlled group.
Read the full summary
Petitioner, a domestic subsidiary of a foreign parent corporation, is a member of a controlled group as defined in sec. 1563(a), I.R.C. 1954. Petitioner's business is wholly unrelated to that of both other members of the controlled group. Of petitioner's 15 employees in 1976, 8 were covered by its profit-sharing plan and the remaining 7 were excluded under the minimum age and service conditions of sec. 410(a)(1). When all employees of all three members of the controlled group are treated as employed by a single employer pursuant to sec. 414(b), the numerical test of sec. 410(b)(1)(A) could…
1Opinion of the Court
OPINION
Nims, Judge:
Respondent determined that petitioner’s profit-sharing plan failed to meet one of the qualification requirements of section 401(a)1 for the taxable year 1976, specifically, the requirement of section 401(a)(3) that the plan must satisfy the minimum participation standards contained in section 410. Pursuant to section 7476,2 petitioner has invoked the jurisdiction of this Court for a declaratory judgment that its profit-sharing plan satisfies such qualification requirements.
The issues for our decision are:(1) Whether all of the employees of the controlled group of which…
2Cases cited13 opinions
- Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
- Ed & Jim Fleitz, Inc. v. CommissionerUnited States Tax Court · 1968
- Loevsky v. CommissionerUnited States Tax Court · 1971
- Pepsi-Cola Niagara Bottling Corp. v. CommissionerUnited States Tax Court · 1967
- Tamko Asphalt Products, Inc. v. CommissionerUnited States Tax Court · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Robinette v. Comm'rUnited States Tax Court · 2004
- Robbins v. Pepsi-Cola Metropolitan Bottling Co.District Court, N.D. Illinois · 1986
- Efco Tool Co. v. CommissionerUnited States Tax Court · 1983
- Sutherland v. CommissionerUnited States Tax Court · 1982
- Stevens v. CommissionerUnited States Tax Court · 1985
8 more not listed; retrieve them via the Exa API.