Calfee, Halter, & Griswold v. Commissioner
United States Tax Court
Ps are employers who each established pension or profit-sharing plans. Each plan contains a provision which permits Ps' contributions to their respective plans to be returned to them under certain circumstances. The language of each such provision tracks that of sec. 403(c)(2) of title I of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829, and is not broader than the statutory language.
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Ps are employers who each established pension or profit-sharing plans. Each plan contains a provision which permits Ps' contributions to their respective plans to be returned to them under certain circumstances. The language of each such provision tracks that of sec. 403(c)(2) of title I of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829, and is not broader than the statutory language. The fiduciary standards of ERISA sec. 403(c) were not enacted as part of the Internal Revenue Code of 1954; however, Congress drafted title I and title II of ERISA in…
1Opinion of the Court
WILLIAMS, Judge:*
The Commissioner determined that the trusts created or organized as part of petitioners’ pension plans or profit-sharing plans were not qualified trusts within the meaning of section 401(a).2 Petitioners seek a declaratory judgment of this Court pursuant to section 7476 that the trusts constitute qualified trusts within the meaning of section 401(a).3
FINDINGS OF FACT
Each of these consolidated cases was submitted on a stipulated administrative record pursuant to Rule 122 and Rule 217(b)(1).4 The facts and representations contained in the stipulated administrative records are…
2Cases cited1 opinion
- Wallace v. United StatesDistrict Court, E.D. Arkansas · 1968
3Cited by6 opinions
- Musmeci v. Schwegmann Giant Super Markets, Inc.Court of Appeals for the Fifth Circuit · 2003
- Leib v. CommissionerUnited States Tax Court · 1987
- Westchester Plastic Surgical Assocs., P.C. v. CommissionerUnited States Tax Court · 1999
- Calfee, Halter, & Griswold v. CommissionerUnited States Tax Court · 1987
- Leib v. CommissionerUnited States Tax Court · 1987
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