J.G. KERN ENTERPRISES, INC. v. COMMISSIONER

Docket No. 37779-86R.

54 T.C.M. 1143 (1987)

T.C. Memo. 1987-580

J.G. Kern Enterprises, Inc. v. Commissioner.

United States Tax Court.

Filed November 23, 1987.


Attorney(s) appearing for the Case

Jack M. Schultz and Thomas H. Bergh, 24700 Northwestern Highway, Southfield, Michigan, for the petitioner. Paul S. Horn, for the respondent.


Memorandum Opinion

TANNENWALD, Judge.

Petitioner seeks a declaratory judgment pursuant to section 74761 that its defined benefit pension plan, as amended, qualifies under section 401(a) for the plan years ending March 31, 1981, 1982, and 1983.

The case was submitted under Rule 122 on the basis of the pleadings and the facts set forth in the administrative record, which...

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