Automated Packaging Systems, Inc. v. Commissioner
United States Tax Court
Petitioner's pension plan does not provide for vesting of benefits for participants who have completed 1,000 hours of service during a 12-month period nor does it adopt the "service spanning rules" which would alternatively qualify the vesting provisions under the "elapsed time method." Held, the Secretary of Labor was authorized to issue 29 C.F.R. sec. 2530.200b-1(b) (1977), and such section is valid and pursuant to the intent of Congress.
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Petitioner's pension plan does not provide for vesting of benefits for participants who have completed 1,000 hours of service during a 12-month period nor does it adopt the "service spanning rules" which would alternatively qualify the vesting provisions under the "elapsed time method." Held, the Secretary of Labor was authorized to issue 29 C.F.R. sec. 2530.200b-1(b) (1977), and such section is valid and pursuant to the intent of Congress. Held, further, the "service spanning rules" provided in 29 C.F.R. sec. 2530.200b-9(d)(1)(iii) (1977), are consistent with sec. 411(a)(5)(A), I.R.C. 1954,…
1Opinion of the Court
OPINION
Goffe, Judge:
Petitioner has instituted this action pursuant to section 7476, Internal Revenue Code of 1954,1 for a declaratory-judgment that its pension plan adopted on June 28, 1974, and amended effective January 14, 1977, is a qualified plan under section 401(a). The parties agree that all jurisdictional requirements have been met. Pursuant to Rule 217 of the Rules of Practice and Procedure of this Court, the parties have filed with the Court a stipulation of the administrative record. No evidence other than the administrative record has been presented. Petitioner’s pension plan was…
2Cases cited2 opinions
- Key Buick Co. v. CommissionerUnited States Tax Court · 1977
- Ryan School Retirement Trust v. CommissionerUnited States Tax Court · 1955
3Cited by9 opinions
- Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
- Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
- Swaida v. IBM Retirement PlanDistrict Court, S.D. New York · 1983
- Ferrara v. Allentown Physician Anesthesia Associates, Inc.District Court, E.D. Pennsylvania · 1989
- Stevens v. CommissionerUnited States Tax Court · 1985
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