Pulver Roofing Co. v. Commissioner
United States Tax Court
In 1961, petitioner obtained a ruling from respondent that its profit-sharing plan, which did not cover its union employees, was a qualified plan under sec. 401(a), I.R.C. 1954. Ostensibly unforeseen business conditions caused a decline in the number of nonunion employees covered by the plan who were not officers, shareholders, supervisors, or highly compensated.
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In 1961, petitioner obtained a ruling from respondent that its profit-sharing plan, which did not cover its union employees, was a qualified plan under sec. 401(a), I.R.C. 1954. Ostensibly unforeseen business conditions caused a decline in the number of nonunion employees covered by the plan who were not officers, shareholders, supervisors, or highly compensated. In his notices of deficiency, respondent retroactively determined that the plan was discriminatory and therefore not qualified during the taxable years involved. Held, during those years, petitioner's plan did not satisfy the…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined the following deficiencies in petitioner’s Federal income tax:
Docket No. TYE— Deficiency
10703-75 ..Oct. 31; 1970 $6,517.00
Oct.. 31, 1971 7,547.00
903-77 .Oct. 31, 1972 2,108.74
Sept. 30, 1973 2,067.29
The sole issue remaining for decision is whether petitioner is barred from deducting, under section 404(a)(3),1 payments made to a profit-sharing trust on the ground that the plan discriminates in favor of employees in the prohibited group.2
FINDINGS OF FACT
Most of the facts have been stipulated and are found accordingly. The stipulation of facts, and the…
2Cases cited22 opinions
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Christian Echoes National Ministry, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1973
- H. S. D. Co. v. Kavanagh, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
- Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
- Harold D. Greenwald and Nana Greenwald, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Capitol Fed. Sav. & Loan Ass'n v. CommissionerUnited States Tax Court · 1991
- Oakton Distributors, Inc. v. CommissionerUnited States Tax Court · 1979
- Boggs v. CommissionerUnited States Tax Court · 1984
- Fujinon Optical, Inc. v. CommissionerUnited States Tax Court · 1981
- E. F. Higgins & Co. v. CommissionerUnited States Tax Court · 1980
21 more not listed; retrieve them via the Exa API.