AUNER v. UNITED STATES

No. 17819.

440 F.2d 516 (1971)

Philip M. AUNER et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

March 3, 1971.


Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Janet R. Spragens, Lee A. Jackson, Harry Baum, Jeanine Jacobs, Attys., Dept. of Justice, Washington, D. C., Henry A. Schwarz, U.S. Atty., E. St. Louis, Ill., for defendant-appellant.

Marvin Goldenhersh, John Vassen, Walker & Williams, Goldenhersh & Goldenhersh, East St. Louis, Ill., for plaintiffs-appellees.

Before DUFFY and HASTINGS, Senior Circuit Judges, and FAIRCHILD, Circuit Judge.


FAIRCHILD, Circuit Judge.

This appeal presents the question whether a particular profit sharing plan met the non-discrimination requirement of 26 U.S.C. § 401(a) (4) so that the trust which implemented the plan was a qualified trust under § 401.

The allocation formula under the plan was heavily weighted in favor of employees with seniority, previous experience in similar work, and professional or vocational training. The government contends that...

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