Ed & Jim Fleitz, Inc. v. Commissioner
United States Tax Court
Petitioner, an incorporated construction company, had a pension plan with a salaried-only classification. It operated to cover its three officers, two of whom owned all of its stock, and all of whom were highly compensated as compared to the dozen or less hourly paid permanent union employees that made up the company work force.
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Petitioner, an incorporated construction company, had a pension plan with a salaried-only classification. It operated to cover its three officers, two of whom owned all of its stock, and all of whom were highly compensated as compared to the dozen or less hourly paid permanent union employees that made up the company work force. Held, the plan was not a qualified plan under sec. 401(a) in that in operation it discriminated in favor of officers, stockholders, and highly paid individuals and petitioner's deductions for contributions to the plan were properly disallowed.
1Opinion of the Court
MulroNey, Jv,dg&:
Respondent determined deficiencies in income tax as follows:
Docket No. Petitioner (s) FYE Nov. 30-Income tax deficiency
1962 $1,349.51
3564-66 Ed & Jim Fleitz, Inc.. 1963 339.75
1964 None
3565-66 Edward B. Fleitz and Thelma Fleitz. 1962 1963 945.13 657.33
5101-67 Edward B. Fleitz and Thelma Fleitz. 1964 1,050.31
3566-66 James J. Fleitz and Evelyn M. Fleitz. 1963 557.58
5102-67 James J. Fleitz and Evelyn M. Fleitz. 1964 739.58
1962 774.12
3567-66 Robert J. Fleitz and Joan B. Fleitz... 1963 571.28
1964 708.08
Respondent’s adjustments to the taxable income of Ed & Jim Fleitz, Inc.…
2Cases cited5 opinions
- Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
- Pepsi-Cola Niagara Bottling Corp. v. CommissionerUnited States Tax Court · 1967
- Ryan School Retirement Trust v. CommissionerUnited States Tax Court · 1955
- John Duguid & Sons, Inc. v. United StatesDistrict Court, N.D. New York · 1967
- Damon v. CommissionerUnited States Tax Court · 1967
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- Wisconsin Nipple & Fabricating Corp. v. CommissionerUnited States Tax Court · 1976
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