We have significant experience representing plan sponsors and plan administrators in Internal Revenue Service audits.
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Charter Fellows of the College of Labor and Employment Lawyers
Former Chairs of the American Bar Association’s Labor and Employment Law Section
New York Super Lawyers
Former Chairs of the New York State Bar Association’s Labor and Employment Law Section
Former Chair of the American Bar Association’s Equal Employment Opportunity Committee
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Below is a list of illustrative matters we have handled involving the Internal Revenue Service:
- Represented a plan administrator in an audit where the IRS focused on the plan administrator’s Form 5500. In response to the IRS’ questions and requests for additional information, we submitted written memoranda demonstrating compliance with filing requirements. By letter, the IRS indicated that the Form 5500 filings would be accepted and that no further action would be taken;
- Represented a pension plan in an IRS audit involving employer contribution rates and accruals. After the production of documents, and working closely with the IRS, the agency closed its audit without further action against the plan;
- Represented a pension plan in an audit where the IRS conducted an onsite examination of the plan and met with plan counsel, the plan actuary and plan office personnel. The IRS closely examined the plan’s administration and tax returns (Form 5500). By letter, the IRS closed its audit without further action and noted that no change to the plan’s Form 5500 was necessary;
- Represented a plan administrator of a welfare plan against the IRS’ levy of a penalty for failure to timely file a Form 990. We responded to the IRS demonstrating compliance. By letter, the IRS abated the penalty and took no further action; and
- Represented a plan sponsor of a welfare plan in an IRS audit regarding employment taxes. The IRS asserted a failure to pay employment taxes and levied late payment and late filing fees and interest for a period of four years. We evaluated the IRS’s claim and met with the IRS. We obtained a reduction in the amount owed to the IRS. After receiving payment, the IRS closed its audit. Upon closure of the IRS’s audit, the U.S. Department of Labor then audited the plan regarding the impact of the employment tax payment on the plan’s financial statements. We demonstrated to the department the methodology used to amend the financial statements. Shortly thereafter, by letter, the DOL closed its audit; and
- Anonymous Voluntary Correction Program (“VCP”) Submissions. We have completed several anonymous VCP submissions to the IRS on behalf of pension plans and obtained IRS compliance letters. These submissions, in part, involved pension service credit, retroactive amendments, pension application forms, qualified joint and survivor annuity provisions and covered employment. In addition, we currently represent several pension plans with pending VCP submissions to the IRS regarding in-service distributions.