Legal Opinion

Pizza Pro Equip. Leasing, Inc. v. Comm'r

United States Tax Court

Decided November 17, 2016No. Docket No. 13149-15Published

P adopted the Plan, a defined benefit pension plan, effective Jan. 1, 1995. The Plan was a qualified plan under I.R.C. sec. 401(a) throughout the years at issue. At all relevant times, the Plan had a single participant, P's president. The Plan's normal retirement age was set at age 45. The Plan provided that the participant's accrued benefits vested fully at death and were payable as a death benefit to the participant's designated beneficiary.

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P adopted the Plan, a defined benefit pension plan, effective Jan. 1, 1995. The Plan was a qualified plan under I.R.C. sec. 401(a) throughout the years at issue. At all relevant times, the Plan had a single participant, P's president. The Plan's normal retirement age was set at age 45. The Plan provided that the participant's accrued benefits vested fully at death and were payable as a death benefit to the participant's designated beneficiary. The Plan filed Forms 5500, Annual Return/Report of Employee Benefit Plan, for each of the plan years 2002 through 2006, which coincided with the…

1Opinion of the Court

PIZZA PRO EQUIPMENT LEASING, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Pizza Pro Equip. Leasing, Inc. v. Comm'r

Docket No. 13149-15.

United States Tax Court

2016 U.S. Tax Ct. LEXIS 31; 147 T.C. No. 14; 112 T.C.M. (CCH) 4750;

November 17, 2016, Filed

Decision will be entered for respondent.

P adopted the Plan, a defined benefit pension plan, effective Jan. 1, 1995. The Plan was a qualified plan under I.R.C. sec. 401(a) throughout the years at issue. At all relevant times, the Plan had a single participant, P's president. The Plan's normal retirement age was set at age 45. The…

2Cases cited24 opinions

  1. United States v. BoyleSupreme Court of the United States · 1985
  2. Badaracco v. CommissionerSupreme Court of the United States · 1984
  3. Neonatology Assocs., P.A. v. Comm'rUnited States Tax Court · 2000
  4. Beard v. Comm'rUnited States Tax Court · 1984
  5. Robert D. Beard v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1986

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