Professional & Executive Leasing v. Commissioner
United States Tax Court
Petitioner corporation seeks a declaratory judgment that its pension and profit-sharing plans qualify under sec. 401, I.R.C. 1954. Petitioner leases management and professional personnel (workers) to commercial businesses and professional practices (recipients). During the plan years in issue, almost all of the workers who entered into a contract of employment with petitioner previously were employed by the recipients to which they were leased.
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Petitioner corporation seeks a declaratory judgment that its pension and profit-sharing plans qualify under sec. 401, I.R.C. 1954. Petitioner leases management and professional personnel (workers) to commercial businesses and professional practices (recipients). During the plan years in issue, almost all of the workers who entered into a contract of employment with petitioner previously were employed by the recipients to which they were leased. In addition, almost all the workers had an equity or ownership interest in the recipient to which they were leased. Recipients provide the equipment,…
1Opinion of the Court
OPINION
STERRETT, Chief Judge:
This case is before the Court upon a petition for declaratory judgment pursuant to section 74761 and Rule 211 alleging that petitioner’s pension and profit-sharing plans qualify under section 401(a). The case was submitted without trial on the basis of the pleadings and the facts recited in the jointly stipulated administrative record filed with the Court on September 9, 1986.
The issue presented for our decision is whether petitioner’s pension and profit-sharing plans fail to qualify under section 401(a) because such plans cover individuals who are not employees…
2Cases cited18 opinions
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Knetsch v. United StatesSupreme Court of the United States · 1960
- Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
- United States v. SilkSupreme Court of the United States · 1947
- Bartels v. BirminghamSupreme Court of the United States · 1947
13 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Michael D. Weber Barbara L. Weber v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1995
- Weber v. CommissionerUnited States Tax Court · 1994
- Ross Glove Co. v. CommissionerUnited States Tax Court · 1973
- Matthews v. CommissionerUnited States Tax Court · 1989
- Leavell v. CommissionerUnited States Tax Court · 1995
86 more not listed; retrieve them via the Exa API.