Legal Opinion

Ziegler v. Commissioner

United States Tax Court

Decided May 2, 1978No. Docket No. 10614-75PublishedCited by 5 opinions

P, who then practiced law alone, established a qualified retirement plan to which he made contributions on his own behalf. Subsequently, he joined a partnership for the practice of law and received a premature distribution of his interest in such plan.

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P, who then practiced law alone, established a qualified retirement plan to which he made contributions on his own behalf. Subsequently, he joined a partnership for the practice of law and received a premature distribution of his interest in such plan. A new qualified retirement plan was established by the partnership, and contributions were made on behalf of P. Held, under sec. 401(d)(5)(C), I.R.C. 1954, P was prohibited from participating as an owner-employee in a qualified retirement plan for 5 years succeeding the year of the premature distribution, and as a result, he was not entitled to…

1Opinion of the Court

OPINION

Simpson, Judge:

The Commissioner determined deficiencies in the petitioners’ Federal income taxes of $1,050 for 1971, $959.88 for 1972, and $1,017.73 for 1973. The only issue for decision is whether, under section 401(d)(5)(C) of the Internal Revenue Code of 1954,1 an owner-employee who receives a premature distribution from a qualified retirement plan is prohibited from participating as an owner-employee in any qualified retirement plan for a period of 5 years.

All of the facts have been stipulated, and those facts are so found.

The petitioners, Donald E. Ziegler and Claudia J. Ziegler,…

2Cases cited2 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. Doing v. CommissionerUnited States Tax Court · 1972

3Cited by5 opinions

  1. Alves v. CommissionerUnited States Tax Court · 1982
  2. Alves v. CommissionerUnited States Tax Court · 1982
  3. Gunther v. CommissionerUnited States Tax Court · 1989
  4. Gunther v. CommissionerUnited States Tax Court · 1989
  5. Ziegler v. CommissionerUnited States Tax Court · 1978

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