Legal Opinion

Loftus v. Commissioner

United States Tax Court

Decided May 9, 1988No. Docket Nos. 12440-85R, 12441-85R, 12442-85R, 12443-85R, 12444-85RPublished

In 1973, the Brewery Workers Pension Fund and the Teamsters Pension Fund agreed to merge. Subsequent to the agreement, but prior to the date of the merger, Reingold Breweries, one of the largest employer contributors to the Brewery Workers Fund, ceased operations. The Teamsters Fund refused to proceed with the merger. The New York State Supreme Court ordered the Teamsters to specifically perform the merger agreement.

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In 1973, the Brewery Workers Pension Fund and the Teamsters Pension Fund agreed to merge. Subsequent to the agreement, but prior to the date of the merger, Reingold Breweries, one of the largest employer contributors to the Brewery Workers Fund, ceased operations. The Teamsters Fund refused to proceed with the merger. The New York State Supreme Court ordered the Teamsters to specifically perform the merger agreement. The Internal Revenue Service issued a ruling that the merger amendment would not affect the existing qualification of the Teamsters Fund. Subsequently, the New York Supreme Court…

1Opinion of the Court

Dennis Loftus, et al., 1 Petitioners v. Commissioner of Internal Revenue, and John Hoh, Kenneth Carroll, Anthony Grau, and Angelo Ferraro, Former Trustees of the Brewery Workers Pension Fund, Respondents

Loftus v. Commissioner

Docket Nos. 12440-85R, 12441-85R, 12442-85R, 12443-85R, 12444-85R

United States Tax Court

90 T.C. 845; 1988 U.S. Tax Ct. LEXIS 58; 90 T.C. No. 57; 9 Employee Benefits Cas. (BNA) 2049;

May 9, 1988; As amended May 9, 1988 May 9, 1988, Filed

In 1973, the Brewery Workers Pension Fund and the Teamsters Pension Fund agreed to merge. Subsequent to the agreement, but prior to the…

2Cases cited21 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  3. Golden v. ZwicklerSupreme Court of the United States · 1969
  4. Altvater v. FreemanSupreme Court of the United States · 1943
  5. Anthony v. CommissionerUnited States Tax Court · 1976

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