Tamko Asphalt Products, Inc. Of Kansas (Formerly Royal Brand Roofing, Inc.) v. Commissioner of Internal Revenue

LOGAN, Circuit Judge.

Tamko Asphalt Products, Inc. of Kansas (Tamko) appeals a United States Tax Court decision, 71 T.C. 824, in a declaratory judgment action which upheld the determination of the Internal Revenue Service (IRS or Service) that Tamko’s profit sharing trust was not a qualified trust under section 401 of the Internal Revenue Code of 1954 (IRC), 26 U.S.C. § 401, because the plan discriminates in favor of employees who are officers, shareholders, or highly compensated. Tamko challenges the correctness of that determination and the Tax Court’s refusal to permit Tamko to introduce…