did not fund solo mpp and solo 401(k) for years

[Jim Chad]

A client got busy and did not fund a solo MPP and 401(k) in 2001 thorough 2006. He did fund 2007, but was low due to a miscalculation. 2008 tax return is due next week.

Also, he can find no documents. Plans were first funded in 1996.

5500's were probably never filed since Plan has never had a total over $100,000. Obviously there was small contributions and some bad luck on investments.

For these questions we are just looking at cleaning things up the simplest way:

1. Would you recommend he put anything into the 401(k) to meet the ongoing contributions requirement?

2. When filing EPCRRS, would you do documents for TRA '86, GUST and EGTRRA?

3.Since he is the only hurt by the underfunding of the MPP, do you think we still need to go back and correct all of the underfunding?

[david rigby]

Any possibility that the plans were never formally executed?

[Jim Chad]

He opened accounts at Fidelity in 1993. And they sent him letters every year telling he may need to file a 5500. I give it a 50-50 chance that he actually signed adoption agreements.