CORNELL-YOUNG COMPANY v. UNITED STATES

No. 72-1299.

469 F.2d 1318 (1972)

CORNELL-YOUNG COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. MACON PRESTRESSED CONCRETE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 5, 1972.


Attorney(s) appearing for the Case

Charles M. Cork, Sr., Charles M. Cork, Jr., George T. Williams, Macon, Ga., for plaintiff-appellant.

William J. Schloth, U. S. Atty., Macon, Ga., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Meyer Rothwacks, Atty., Michael L. Paup, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before COLEMAN, GOLDBERG, and GODBOLD, Circuit Judges.


GOLDBERG, Circuit Judge:

"Neither the [Internal Revenue] Code nor Regulations issued thereunder contain any requirement that as a condition precedent for obtaining the tax benefits incident and pertaining to qualified employees [pension] plans an advance ruling as to initial qualification or termination must be obtained from the Internal Revenue Service. Such an advance ruling is issued only on request of a taxpayer and is not initiated by the Internal Revenue Service...

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