Thanks Bird.
I took another look at the previous threads about "un-terminating" a 401(k) plan, and I was mistaking the 100% vesting for distribution. None of the other threads had a distribution, just 100% vesting and preparation for a distribution. So, I see your point on step 2.
As to your question "then what was the justification for the initial rollover from plan to IRA if not termination of the plan?" could the sole proprietor take the position that the distribution was an "operational failure" that is being self-corrected by resurrecting the 401(k). Acknowledged that's more of an "excuse" than a "justification."
Thanks.
Update: Coming to the conclusion this is a "bridge too far". Thanks for the reply.