Tamko Asphalt Products, Inc. v. Commissioner
United States Tax Court
Action for declaratory judgment under sec. 7476(a), I.R.C. 1954. Petitioner received a final adverse determination from the respondent stating that its profit-sharing plan did not satisfy the vesting requirements resulting from the application of sec. 401(a)(4) because it discriminated in favor of the prohibited group.
Read the full summary
Action for declaratory judgment under sec. 7476(a), I.R.C. 1954. Petitioner received a final adverse determination from the respondent stating that its profit-sharing plan did not satisfy the vesting requirements resulting from the application of sec. 401(a)(4) because it discriminated in favor of the prohibited group. Petitioner was a member of a controlled group, consequently respondent applied the rule of sec. 414(b) to its plan to find the above discrimination by considering that the employees of the parent corporation and petitioner must be treated as if employed by a single employer…
1Opinion of the Court
OPINION
Forrester, Judge:
This is an action for declaratory judgment pursuant to section 7476(a).1
Petitioner Tamko Asphalt Products, Inc. of Kansas, formerly Royal Brand Roofing, Inc., filed Form 5301, an Application for Determination for Defined Contribution Plan, on July 30,1976, with the District Director, Oklahoma City, Okla. Petitioner requested that an administrative determination be made of the qualified status of its profit-sharing plan under the provisions of section 401(a) and the exempt status of its related trust under section 501(a).
On January 27, 1978, respondent issued a Final…
2Cases cited11 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- B.S.W. Group, Inc. v. CommissionerUnited States Tax Court · 1978
- Houston Lawyer Referral Service, Inc. v. CommissionerUnited States Tax Court · 1978
- Thompson v. CommissionerUnited States Tax Court · 1978
- Bernard McMenamy Contractor, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1971
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Professional & Executive Leasing v. CommissionerUnited States Tax Court · 1987
- Tamko Asphalt Products, Inc. Of Kansas (Formerly Royal Brand Roofing, Inc.) v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1981
- Fujinon Optical, Inc. v. CommissionerUnited States Tax Court · 1981
- Stepnowski v. Comm'rUnited States Tax Court · 2005
- Dr. Erol Bastug, Inc. v. CommissionerUnited States Tax Court · 1989
22 more not listed; retrieve them via the Exa API.