No specific laws identified for this ruling.
The Tax Court held that EFH's profit-sharing plan failed to qualify under section 401(a)(4) because its contributions and benefits discriminated in favor of officers, shareholders, and highly compensated employees compared to union employees' pension plans. The Commissioner's determination disqualifying the plan was upheld.
EFH, a corporate employer, established a profit-sharing plan with the majority of its participants being corporate officers, shareholders, supervisors, and highly compensated personnel. Its union employees were covered by pension plans established under collective bargaining agreements. The union employees independently determined the percentage of their compensation contributed by EFH to their pension plans and chose a percentage less than that which the employer contributed to its profit-sharing plan. The profit-sharing plan provided benefits for its participants superior to those provided under the union pension plans. Held: The Commissioner has no discretionary authority under sec. 401(a)(4), I.R.C. 1954, to determine discrimination in contributions or benefits. The usual burden of proof by a preponderance of the evidence applies, and the petitioner is not required to prove that the determination of the Commissioner was arbitrary or an abuse of discretion. Loevsky v. Commissioner, 55 T.C. 1144 (1971), affd. per curiam 471 F.2d 1178 (3d Cir. 1973), explained and modified on this issue. Held, further, the profit-sharing plan fails to qualify under sec. 401(a)(4) because its contributions and benefits discriminate in favor of the prohibited group when compared to contributions and benefits under the pension plans.
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