Legal Opinion

Stepnowski v. Comm'r

United States Tax Court

Decided April 26, 2005No. 8383-03RPublished

Hercules amended its defined benefit plan in 2001. The amendment to the plan's lump-sum payment option replaced the interest rate assumption that had previously been used to calculate the present value of a participant's accrued benefit with the annual interest rate on 30-year Treasury securities. Hercules filed a request for a determination that the amended plan met all of the qualification requirements that were in effect under sec. 401(a), I.R.C.

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Hercules amended its defined benefit plan in 2001. The amendment to the plan's lump-sum payment option replaced the interest rate assumption that had previously been used to calculate the present value of a participant's accrued benefit with the annual interest rate on 30-year Treasury securities. Hercules filed a request for a determination that the amended plan met all of the qualification requirements that were in effect under sec. 401(a), I.R.C. P, as an interested party, sent a letter to the IRS regarding Hercules' determination request. P asserted that the amendment to the plan's…

1Opinion of the Court

CHARLES P. STEPNOWSKI, Petitioner v. COMMISSIONER OF INTERNAL REVENUE AND HERCULES INCORPORATED, Respondents

Stepnowski v. Comm'r

No. 8383-03R

United States Tax Court

124 T.C. 198; 2005 U.S. Tax Ct. LEXIS 12; 124 T.C. No. 12; 35 Employee Benefits Cas. (BNA) 1593;

April 26, 2005, Filed

Hercules amended its defined benefit plan in 2001. The

amendment to the plan's lump-sum payment option replaced the

interest rate assumption that had previously been used to

calculate the present value of a participant's accrued benefit

with the annual interest rate on 30-year Treasury securities.

Hercules filed a request…

2Cases cited16 opinions

  1. Houston Lawyer Referral Service, Inc. v. CommissionerUnited States Tax Court · 1978
  2. R.H. Ashenbaugh v. Crucible Inc. 1975 Salaried Retirement PlanCourt of Appeals for the Third Circuit · 1988
  3. Thompson v. CommissionerUnited States Tax Court · 1978
  4. Armco, Inc. v. CommissionerUnited States Tax Court · 1986
  5. Nationalist Movement v. CommissionerCourt of Appeals for the Fifth Circuit · 1994

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