Federal Land Bank Asso. v. Commissioner
United States Tax Court
Petitioners adopted retirement plans. Applications for determination of qualification and exemption were filed with the Internal Revenue Service on petitioners' behalf. The Internal Revenue Service determined that these plans failed to meet the requirements of sec. 401(a), I.R.C. 1954. Thereafter both petitioners filed petitions with this Court for declaratory relief pursuant to sec. 7476, I.R.C. 1954. Respondent filed motions to dismiss for lack of jurisdiction.
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Petitioners adopted retirement plans. Applications for determination of qualification and exemption were filed with the Internal Revenue Service on petitioners' behalf. The Internal Revenue Service determined that these plans failed to meet the requirements of sec. 401(a), I.R.C. 1954. Thereafter both petitioners filed petitions with this Court for declaratory relief pursuant to sec. 7476, I.R.C. 1954. Respondent filed motions to dismiss for lack of jurisdiction. Both plan years involved herein began on Sept. 1, 1973, and ended on Aug. 31, 1974. Held: On the facts herein, sec. 7476 does not…
1Opinion of the Court
OPINION
Wiles, Judge:
Petitioners adopted retirement plans in 1973. On or about May 20, 1974, applications for "determination letters” were filed with the Internal Revenue Service on petitioners’ behalf. Petitioners, of course, wanted favorable determination letters in which the Internal Revenue Service would indicate that their plans qualified for special tax treatment. The Internal Revenue Service sent petitioners determination letters in February of 1976 in which it said that the plans were not entitled to special tax treatment. On April 23, 1976, petitioners filed petitions with this Court…
2Cases cited3 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Bingler v. JohnsonSupreme Court of the United States · 1969
- Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
3Cited by11 opinions
- Hawes v. CommissionerUnited States Tax Court · 1980
- Halliburton Co. v. CommissionerUnited States Tax Court · 1992
- Federal Land Bank Asso. v. CommissionerUnited States Tax Court · 1980
- Dittler Bros., Inc. v. CommissionerUnited States Tax Court · 1979
- Dittler Bros., Inc. v. CommissionerUnited States Tax Court · 1979
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