Legal Opinion

Buzzetta Constr. Corp. v. Commissioner

United States Tax Court

Decided March 27, 1989No. Docket Nos. 3738-86, 3739-86, 3740-86, 3741-86Published

The corporate petitioner made profit-sharing plan contributions in excess of the sec. 415(c)(1), I.R.C., as amended, maximum limitations. Held: The excess contributions disqualified the plan and were a material change in the facts on which the plan's favorable ruling was based. Respondent did not abuse his discretion in retroactively revoking the plan's favorable ruling of qualified status.

1Opinion of the Court

Buzzetta Construction Corp., et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Buzzetta Constr. Corp. v. Commissioner

Docket Nos. 3738-86, 3739-86, 3740-86, 3741-86

United States Tax Court

92 T.C. 641; 1989 U.S. Tax Ct. LEXIS 41; 92 T.C. No. 35; 10 Employee Benefits Cas. (BNA) 2145;

March 27, 1989; As amended March 28, 1989 March 27, 1989, Filed

The corporate petitioner made profit-sharing plan contributions in excess of the sec. 415(c)(1), I.R.C., as amended, maximum limitations. Held: The excess contributions disqualified the plan and were a material change in the facts on…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Estate of Gardner v. CommissionerUnited States Tax Court · 1984
  3. Buzzetta Constr. Corp. v. CommissionerUnited States Tax Court · 1989
  4. Lansons, Inc., Cross-Appellant v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1980
  5. Lansons, Inc. v. CommissionerUnited States Tax Court · 1978

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