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 t hese years. However, there maybe a possibility if we could establish that the ------- transfer of $ --------------- was not a qualified transfer then we ma y be able to disqualify the plan for taxable year ------- . ---------- did not understand why we focus ed on the ------- taxable year if there were no transfers or rollovers in taxable year ------- . Wh ether we can argue the duty of consistenc y we will have to wait for ------------ to make that determination. -------------------- asked that he have a W LI opened for -------------- . If you have questions for ----------------- -------- yo u can call him at --------------------- . -------------------