Exclusive Benefit of Employees or Their Beneficiaries

ID:
Office:
UILC:
CCA_2009071615272050
---
111.00-00, 401.01-01
Number: 201013052
Release Date: 4/2/2010
From: ---
Sent: Thursday, July 16, 2009 3:27:29 PM
To: ---
Cc: ---
---
Subject: RE: Disqualification of a Profit Sharing Plan
---
I spoke with ---in ---and he did not think the tax benefit rule would apply in this case.
Also, given that taxable years ---are close taxable years, he did not think that it was likely that we could proceed against the taxpayer on any of these years. However, there maybe a possibility if we could establish that the --- transfer of $---was not a qualified transfer then we may be able to disqualify the plan for taxable year ---. --- did not understand why we focused on the --- taxable year if there were no transfers or rollovers in taxable year ---.
Whether we can argue the duty of consistency we will have to wait for ---to make that determination.
---asked that he have a WLI opened for ---. If you have questions for ---
--- you can call him at ---.
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