Legal Opinion

RSW Enterprises, Inc. v. Commissioner

United States Tax Court

Decided November 26, 2014No. Docket Nos. 14820-11R, 14821-11RPublishedCited by 2 opinions

Ps, domestic corporations, each established a retirement plan and received a favorable determination letter from the IRS regarding the plans' qualified status under I.R.C. sec. 401(a). The IRS later revoked the plans' qualified status on the basis that each plan failed to satisfy the coverage requirements of I.R.C. secs. 401(a)(3) and 410(b) and also failed to satisfy the minimum participation requirements of I.R.C. sec. 401(a)(26). Ps petitioned requesting declaratory…

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Ps, domestic corporations, each established a retirement plan and received a favorable determination letter from the IRS regarding the plans' qualified status under I.R.C. sec. 401(a). The IRS later revoked the plans' qualified status on the basis that each plan failed to satisfy the coverage requirements of I.R.C. secs. 401(a)(3) and 410(b) and also failed to satisfy the minimum participation requirements of I.R.C. sec. 401(a)(26). Ps petitioned requesting declaratory judgments that the plans' qualified status should not have been revoked. R seeks summary judgment in his favor. Held: R's…

1Opinion of the Court

OPINION

Buch, Judge:

Petitioners are before the Court seeking declaratory judgments as to the revocation of their retirement plans’ qualified status under section 401. After initially issuing favorable determinations, the IRS issued subsequent revocation letters stating that the plans did not qualify under section 401(a) because the plans did not meet the coverage requirements of sections 401(a)(3) and 410(b) and also failed to satisfy the minimum participation requirements of section 401(a)(26). Respondent filed a motion for summary judgment and a supporting memorandum. Petitioners oppose the…

2Cases cited13 opinions

  1. Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
  2. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
  3. Florida Peach Corp. v. CommissionerUnited States Tax Court · 1988
  4. Dahlstrom v. CommissionerUnited States Tax Court · 1985
  5. Shiosaki v. CommissionerUnited States Tax Court · 1974

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

3Cited by2 opinions

  1. RSW Enterprises, Inc. v. CommissionerUnited States Tax Court · 2014
  2. Val Lanes Recreation Center Corporation v. CommissionerUnited States Tax Court · 2018

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