Closing Agreement Reports

[PJF414]

I have a plan that is facing a major coverage problem unless it merges all of the plans in its controlled group by the end of this year. They are skeptical, and want to see a "for instance" on how much it would cost them in the event that they had to go to a closing agreement.

My question is, is there a way to access the IRS decisions on closing agreements reached with plans? I know I've seen a couple of very large ones reported somewhere, but I can't recall where. Is there a way to access these decisions on a website?

[rcline46]

A merger of some or all of the plans is not always necessary to solve coverage. There are options for aggregation of plans, different testing methods, adding people, SLOB rules and other options.

If necessary, bill the client to bring in a consulting actuary for suggestions.

[PJF414]

Unfortunately_, we have already exhausted those options. We are the consultants on this one. And that is not the only problem that they have, just the ugliest.

[QDROphile]

Individual tax matters are confidential. There is no data base that makes closing agreements acessible. Some accounting firms purport to have enough experience that they have empirical insight. There are also informal understandings about the IRS bidding when it comes to proposing the figure in a voluntary negotiated settlement vs. an audit settlement. PLRs and some other IRS internal policy documents became available after FOIA requests, but I don't think there is a way to get to individual tax matters.

[Peter Gulia]

QDROphile is right about some practical effects of the taxpayer-confidentiality rules.

Isn't it simpler and more accurate to have an outside lawyer ask the IRS person? The lawyer describes as much of the facts as it is feasible to describe without revealing the client's identity.