Legal Opinion

Sutherland v. Commissioner

United States Tax Court

Decided March 9, 1982No. Docket No. 9971-78RPublishedCited by 6 opinions

Petitioner owns a retail lumber business which adopted an annuity plan and a money-purchase plan for its employees. Of petitioner's 16 employees in 1976, 9 participated in the money-purchase plan while the remaining 7 were excluded because they lacked 1 year of service.

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Petitioner owns a retail lumber business which adopted an annuity plan and a money-purchase plan for its employees. Of petitioner's 16 employees in 1976, 9 participated in the money-purchase plan while the remaining 7 were excluded because they lacked 1 year of service. Three employees participated in the annuity plan (10 were excluded by the minimum age and service conditions and 3 declined to participate). During 1976, petitioner, along with two individuals, owned two aviation companies, corporations A and B. The businesses conducted by petitioner, A, and B were formally under common…

1Opinion of the Court

OPINION

Wilbur, Judge:

Respondent determined that during 1976 petitioner’s annuity and money-purchase plans failed to meet the minimum participation standards contained in section 410. See sec. 401(a)(3).1 Pursuant to section 7476, petitioner has invoked the jurisdiction of this Court for a declaratory judgment that its plans satisfy such qualification requirements.2 The issues for our decision are:(1) Whether all of the employees of the controlled group of which petitioner is a member must, pursuant to section 414(c), be considered together for purposes of determining whether petitioner’s…

2Cases cited9 opinions

  1. Manning v. Seeley Tube & Box Co.Supreme Court of the United States · 1950
  2. Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
  3. Pepsi-Cola Niagara Bottling Corp. v. CommissionerUnited States Tax Court · 1967
  4. Liberty Machine Works, Inc. v. CommissionerUnited States Tax Court · 1974
  5. Tamko Asphalt Products, Inc. v. CommissionerUnited States Tax Court · 1979

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Halliburton Co. v. CommissionerUnited States Tax Court · 1992
  2. Simmons v. CommissionerUnited States Tax Court · 1995
  3. Stevens v. CommissionerUnited States Tax Court · 1985
  4. Halliburton Co. v. CommissionerUnited States Tax Court · 1992
  5. Seekonk Lace Co. v. CommissionerUnited States Tax Court · 1983

1 more not listed; retrieve them via the Exa API.

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