Ziegler v. Commissioner
United States Tax Court
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
- United States v. GilmoreSupreme Court of the United States · 1963
- Doing v. CommissionerUnited States Tax Court · 1972
3Cited by5 opinions
- Alves v. CommissionerUnited States Tax Court · 1982
- Alves v. CommissionerUnited States Tax Court · 1982
- Gunther v. CommissionerUnited States Tax Court · 1989
- Gunther v. CommissionerUnited States Tax Court · 1989
- Ziegler v. CommissionerUnited States Tax Court · 1978