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  1. Treas. Reg. § 1.404(a)-13(a) — Contributions of an employer where deductions are allowable under section 404(a) (1) or (2) and also under section 404(a)(3); application of section 404(a)(7).
    IRCRegulationsMay 18, 2016
    (a) (a) Where deductions are allowable under section 404(a) (1) or (2) on account of contributions under a pension or annuity plan and deductions are also allowable under section 404(a)(3) for the same taxable year on account of contributions to a profit-sharing or stock bonus trust, the total deductions under these se…
  2. 115 T.C. No. 19 — Flahertys Arden Bowl, Inc. v. Commissioner
    IRCCourt RulingsSep 25, 2000★ strong match
    …r statute concerning a related subject is significant to show that a different intention existed”). ERISA section 404 pertains to fiduciary duties. Under ERISA section 404(a) a fiduciary shall discharge his duties with the care of a prudent man and diversify the investments. It is against this background that we must r…
  3. T.D. 9282 — Final regulations under sections 162(k) and 404(k) of the Code provide that a payment in redemption of employer securities held by an employee stock ownership …
    IRCTreasury DecisionsSep 25, 2006
    …Q&A-4(e). Congress also provided for other special treatment for applicable dividends under section 404(k) that would be inconsistent with redemption of a normal benefit distribution being treated as an applicable dividend under section 404(k). Section 72(t)(2)(A)(vi) provides for an exception to the 10 percent additio…
  4. Notice 2007-28 — Deductibility; contributions; sections 801 and 803 of the Pension Protection Act of 2006. This notice addresses, in question and answer format, the deductibili…
    IRCNoticesApr 2, 2007
    plan amendment for purposes of § 404(a)(1)(D)(ii). Q-6. What changes to § 404(a)(7) were made by PPA ’06 for years beginning after December 31, 2005? A-6. In general, PPA ’06 amended § 404(a)(7) of the Code for years beginning after December 31, 2005, to exclude multiemployer plans from consideration and to provide th…
  5. REG-148681-09 — The Department of Labor and the Department of the Treasury (the “Agencies”) are currently reviewing the rules under the Employer Retirement Income Security Act…
    IRCProposed Rules (FR)Proposed Mar 15, 2010★ strong match
    to the participant, in what form, and when? To what extent could or should the ERISA 404(c) regulation be amended to encourage use of these products? 34. To what extent do ERISA 404(c) plans currently provide lifetime income through variable annuity contracts or similar lifetime income products? What are the advantage…
  6. Treas. Reg. § 1.404(a)-3(a) — Contributions of an employer to or under an employees' pension trust or annuity plan that meets the requirements of section 401(a); application of section 404(…
    IRCRegulationsMar 14, 2019★ strong match
    …s under the plan, deductions on account of such subordinate benefits are also covered under section 404(a) (1) or (2). In order to be deductible under section 404(a)(1), contributions to a pension trust must be paid in a taxable year of the employer which ends with or within a year of the trust for which it is exempt u…
  7. Treas. Reg. § 1.404(e)-1A(d) — Contributions on behalf of a self-employed individual to or under a qualified pension, annuity, or profit-sharing plan.
    IRCRegulationsMar 14, 2019★ strong match
    …f a defined benefit plan, as defined in section 401(j), the special limitations provided by section 404(e) and paragraph (c) of this section do not apply. See section 401(j) for requirements applicable to defined benefit plans.
  8. Notice 2012-46 — This notice provides guidance in the form of questions and answers with respect to the notice requirements of section 101(j) of the Employee Retirement Income …
    IRCNoticesJul 23, 2012related by meaning
    …han $1,000 a day for each violation by any person of the notice requirement under section 101(j) of ERISA. Section 101(c)(1)(A)(ii) of the Worker, Retiree, and Employer Recovery Act of 2008, Public Law 110-458 (122 Stat. 5092) (WRERA), amended section 101(j) of ERISA to authorize the Secretary of the Treasury, in consu…
  9. 82 T.C. 869; 82 T.C. No. 67 — Winger's Dep't Store, Inc. v. Commissioner
    IRCCourt RulingsJun 4, 1984related by meaning
    nd holding of employer securities and employer real property by certain plans. Section 408, ERISA, sets forth exemptions from prohibited transactions. Violations of the labor provisions contained in ERISA may result in any number of sanctions against the fiduciary. For example, under section 409(a), ERISA, a fiduciary …
  10. PLR 200610016 — Year of Deduction
    IRCPrivate Letter RulingsMar 10, 2006
    the limitations imposed by § 404 as to the amounts deductible in any year. Section 404(a)(5) provides the general rule that compensation paid under a nonqualified plan (contributions to which are deductible under §§ 404(a)(1), (2), or 3)) of deferred compensation is deductible in the taxable year in which an amount at…
  11. 89 T.C. 689; 89 T.C. No. 48 — William Bryen Co. v. Commissioner
    IRCCourt RulingsSep 29, 1987
    ion 404(a)(5) are satisfied. Sec. 404(a) and sec. 404(a)(5); sec. 1.404(a)~12(a), sec. 1.404(a)-12(b)(l), and sec. 1.404(a)-12(b)(3), Income Tax Regs. Under section 404(a)(5), a deduction by the employer is postponed until the taxable year of the employer in which, or with which, ends the taxable year of an employee in…
  12. PLR 202315010 — Deferred Compensation
    IRCPrivate Letter RulingsApr 14, 2023
    …le A of the Code, but if the compensation would “otherwise be deductible,” it is deductible under § 404, subject to the limitations imposed by § 404 as to the amounts deductible in any year. Section 404(a)(5) provides that compensation paid under a nonqualified plan (that is, a plan to which the contributions are not d…
  13. T.C. Memo. 1998-295 — Shedco, Inc. v. Commissioner
    IRCCourt RulingsAug 12, 1998related by meaning
    …an to the extent they are consistent with the provisions of title I. Id. The legislative history of ERISA section 404(a), however, cautions: "It is expected that courts will interpret the prudent man rule and other fiduciary standards bearing in mind the special nature and - 29 - 12 The quoted material from H. Rept. 93…
  14. Treas. Reg. § 1.404(a)-12(c) — Contributions of an employer under a plan that does not meet the requirements of section 401(a); application of section 404(a)(5).
    IRCRegulationsMay 18, 2016
    (c) (c) Contributions paid on or before August 1, 1969. No deduction is allowable under section 404(a)(5) for any contribution paid on or before August 1, 1969, by an employer under a stock bonus, pension, profit-sharing, or annuity plan, or for any compensation paid on account of any employee under plan deferring the …
  15. PLR 200109010 — Sale/Exchange
    IRCPrivate Letter RulingsMar 2, 2001related by meaning
    f ERISA (or which would be so exempt if §406 applied to such transaction). Section 408(e) of ERISA provides, in part, that §406 w ill not apply to the acquisition or sale by a plan of qualifying employer securities (as defined in §407(d)(5)) if: i) the acquisition, sale or l ease is for adequate consideration; ii) if n…
  16. 90 FR 3092 — Automatic Enrollment Requirements Under Section 414A
    IRCProposed Rules (FR)Proposed Jan 14, 2025related by meaning
    e is intended to satisfy the notice requirements of sections 404(c)(5)(B) and 514(e)(3) of ERISA and sections 401(k)(13)(E) and 414(w)(4) of the Code. On April 29, 2008, the Department of Labor issued Field Assistance Bulletin 2008-03. Q&A-10 of Field Assistance Bulletin 2008-03 explains that the notice required under …
  17. 84 T.C. 13; 84 T.C. No. 2 — Hockaden & Associates, Inc. v. Commissioner
    IRCCourt RulingsJan 9, 1985related by meaning
    …issue in its brief, and we conclude that it has abandoned the argument for lack of merit. Tit. I of ERISA contains various provisions regulating employee benefit plans. Part 4 of tit. I (secs. 401 through 414) prescribes rules of fiduciary responsibility. In defining and proscribing certain "prohibited transactions,” s…
  18. 88 T.C. 1474; 88 T.C. No. 83 — Leib v. Commissioner
    IRCCourt RulingsJun 16, 1987related by meaning
    …ore us. It should be emphasized that fiduciaries should be distinguished from disqualified persons. ERISA sec. 404 (part 4 of title I) provides that fiduciaries are to discharge their duties in accordance with a prudent man standard of care. The Conference report provides that to the extent a fiduciary meets the pruden…
  19. T.C. Memo. 1999-369 — Westchester Plastic Surgical Associates, P.C. v. Commissioner
    IRCCourt RulingsNov 5, 1999related by meaning
    andards for fiduciary behavior set forth in the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, sec. 404(a)(1), 88 Stat. 877, current version at 29 U.S.C. sec. 1104 (1994), may be used to help determine whether the exclusive benefit rule has been violated. See Ada Orthopedic, Inc. v. Commission…
  20. T.C. Memo. 1997-70 — Lucky Stores, Inc., and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 10, 1997
    s imposed by section 404(a)(1) and 404(a)(7) of the Code * * *. We conclude * * * that * * * Corporation M may deduct for 1979 and later taxable years under section 404(a)(1) and section 404(a)(6) of the Code contributions not in excess of the limits of section 404(a)(1) and section 404(a)(7) * * * . [Priv. Ltr. Rul. 8…