Forsyth Emergency Services, P.A. v. Commissioner
United States Tax Court
Held, during the years in issue, petitioner's pension plan failed to meet the eligibility requirements for coverage under sec. 401(a)(3), I.R.C. 1954. Held, further, the improper operation of the pension plan cannot be cured retroactively by the funding of contributions to include eligible employees.
1Opinion of the Court
Dawson, Judge:
Respondent determined the following deficiencies in petitioner’s Federal income taxes based on the disallowance of deductions for amounts contributed to its pension plan:
Year Deficiency
1972. $16,786.41
1973. 20,880.40
At issue is whether the actual operation of petitioner’s pension plan satisfied the eligibility requirements of section 401(a).1 If the plan is deemed an improper operation under this section, we must also decide whether it can be cured retroactively by making extra contributions for excluded employees.
FINDINGS OF FACT
Some of the facts have been stipulated. The…
2Cases cited10 opinions
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