Belgarath Posted November 25, 2008 Posted November 25, 2008 I'm feeling particularly irate this morning with regard to stupid IRS agents. While I do not yet have full details: Profit sharing plan (NOT a 401(k) plan, nor even a document with a 401(k) option) was terminated as of 12-31-06. We (or more accurately, the client) applied for, and received, a favorable determination letter for the termination. Client subsequently received a letter from a Revenue Agent, who shall for the present remain nameless. In this letter, the agent presents a list of "failures that were presented and the correction that was completed during the examination of the plan." The agent also says that the Area Coordinator has proposed a sanction of $7,000.00. The "failures" are: 1. Not timely amended for automatic rollover requirements under IRC 401(a)(31). Naturally, it was timely amended, and this amendment was provided as part of the termination. 2. Not timely amended for final 401(k) regulations. Interesting, since it isn't a 401(k) plan anyway!! I'm surprised they don't want a PFEA amendment as well! 3. Not timely amended for 401(a)(9). It was. So now the client is understandably in a tizzy, and we have to waste our time educating one or more morons at the IRS. We've been having a lot of trouble on plan terminations with people who don't know what they are doing, and WE have to waste our time instructing them - are we alone, or are others having similar problems? GRRR!
Kevin C Posted November 25, 2008 Posted November 25, 2008 Unfortunately you are not alone. I'm in the middle of a Form 5310 filing that may be with the same agent. So far, she has sent me two requests asking for a total of five amendments that were included in the original filing. They adopted a good faith EGTRRA amendment in Dec. 2002. I had them adopt another good faith EGTRRA amendment when the plan was restated for GUST in early 2003. Both EGTRRA amendments were included in the filing. Her first letter said the EGTRRA amendment was late because it was adopted in 2003. I sent her another copy of the one adopted in 2002 and explained that it was adopted twice. Her second letter accused me of backdating the 2002 EGTRRA amendment. I had to cool off for a couple of days before I could respond. I'm still waiting for her response to my last letter.
Belgarath Posted November 25, 2008 Author Posted November 25, 2008 Simply stunning! We routinely have them request the amendments that we already sent in with the termination. It's like they know nothing, and are working with a checklist and can't be even bothered to look at what you sent. Once we point out to them that they already do, in fact, have what they are requesting, it is USUALLY sufficient. This one today was incompetent on a whole different level... And of course it takes them 12 months to review the filing initially, then they give you 2 weeks to respond. Heads need to roll! But like you, I'll probably cool off in a day or so. The one today was faxed to the client yesterday, with a response date of Monday!
Guest mjb Posted November 25, 2008 Posted November 25, 2008 As a president of the US said: "Be glad you dont get all of the government you pay for."
Belgarath Posted November 25, 2008 Author Posted November 25, 2008 I like that. Which President said it?
mphs77 Posted November 25, 2008 Posted November 25, 2008 As a president of the US said:"Be glad you dont get all of the government you pay for." As the poster regarding Government says on Despair.com.... If you think the problems we create are bad, just wait until you see our solutions.
GMK Posted November 25, 2008 Posted November 25, 2008 The best I could find is that the quote is from former President Will Rogers.
Guest mjb Posted November 25, 2008 Posted November 25, 2008 I like that. Which President said it? #40 RR who else? Who said "I feel your pain" or "My fellow Americans I come to you with a heavy heart."
Guest mjb Posted November 25, 2008 Posted November 25, 2008 mjb: Clinton and Johnson? You have long memory if you can remember LBJ's opening line in every TV address when he announced an increase in the number US soldiers serving in SVN.
Guest Sieve Posted November 25, 2008 Posted November 25, 2008 My memory exceeds the LBJ experience, but his "I shall not seek and I will not accept" is especially vivid . . . http://www.youtube.com/watch?v=FI59Sr7ZTIM
GMK Posted November 25, 2008 Posted November 25, 2008 LBJ' used Harry Truman's words from 1952: I will not seek reelection. I will not accept my party's nomination.
Guest Sieve Posted November 25, 2008 Posted November 25, 2008 For me, what makes that LBJ speech vivid is not the words he used, but the concept he conveyed. At that time in my life, I'd have been just as satisfied if he'd said "I quit". That being said, I didn't realize Truman had said almost the same thing. I wonder if it was on TV?
GMK Posted November 26, 2008 Posted November 26, 2008 I think there's film of Truman's speech. I seem to recall seeing it on a PBS show about LBJ, because if memory serves, a young Mr. Johnson was present when Harry gave the speech ... which makes for an interesting footnote.
Kevin C Posted April 23, 2009 Posted April 23, 2009 Update to my post # 2. My last letter did the trick and we got the determination letter a couple of months ago. An IRS Customer Survey form just arrived. They want my opinion about the experience.
K2retire Posted April 23, 2009 Posted April 23, 2009 I trust they'll be receiving a lengthy and articulate response.
Belgarath Posted April 24, 2009 Author Posted April 24, 2009 Wow. Give 'em an earful. I hope we get one of those surveys.
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