Legal Opinion

D.J. Lee, M.D., Inc. v. Commissioner

United States Tax Court

Decided February 7, 1989No. Docket Nos. 140-87, 141-87Published

Petitioner maintained a defined benefit pension plan and a money purchase pension plan. Prior to the statutory deadline for making its annual employer contributions to those pension plans, petitioner segregated a sum sufficient to fund the contributions in a checking account established in petitioner's name. After the deadline, petitioner made the contributions by transferring funds from the checking account into separate bank accounts maintained in the name of the plans.

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Petitioner maintained a defined benefit pension plan and a money purchase pension plan. Prior to the statutory deadline for making its annual employer contributions to those pension plans, petitioner segregated a sum sufficient to fund the contributions in a checking account established in petitioner's name. After the deadline, petitioner made the contributions by transferring funds from the checking account into separate bank accounts maintained in the name of the plans. Held, petitioner failed to make timely employer contributions to its pension plans for purposes of sec. 412(b)(3)(A),…

1Opinion of the Court

D.J. Lee, M.D., Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

D.J. Lee, M.D., Inc. v. Commissioner

Docket Nos. 140-87, 141-87

United States Tax Court

92 T.C. 291; 1989 U.S. Tax Ct. LEXIS 21; 92 T.C. No. 16; 10 Employee Benefits Cas. (BNA) 1905;

February 7, 1989. February 7, 1989, Filed

Decisions will be entered for the respondent.

Petitioner maintained a defined benefit pension plan and a money purchase pension plan. Prior to the statutory deadline for making its annual employer contributions to those pension plans, petitioner segregated a sum sufficient to fund the contributions…

2Cases cited8 opinions

  1. Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
  2. Surface Combustion Corp. v. CommissionerUnited States Tax Court · 1947
  3. Commissioner of Internal Revenue v. Surface Combustion CorporationCourt of Appeals for the Sixth Circuit · 1950
  4. Gillis v. CommissionerUnited States Tax Court · 1974
  5. D.J. Lee, M.D., Inc. v. CommissionerUnited States Tax Court · 1989

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