§1132
162 cases·29 followed·5 distinguished·13 questioned·17 overruled·98 cited—18% support
Statute Text — 26 U.S.C. §1132
Statute text not available for this section.
162 Citing Cases
1132(d)(1) (2018); Lumpkin, 933 F.2d at 454-55, and this purpose might be frustrated if state law could arm defendants who deprive their employees of federally guaranteed benefits with state-law corporate shields, Lumpkin, 933 F.2d at 454-55. - 31 - [*31] There also may be something similar emerging from Superfund law, where there is a federa
1132(d)(1) (2018); Lumpkin, 933 F.2d at 454-55, and this purpose might be frustrated if state law could arm defendants who deprive their employees of federally guaranteed benefits with state-law corporate shields, Lumpkin, 933 F.2d at 454-55. - 31 - [*31] There also may be something similar emerging from Superfund law, where there is a federa
1132(g)(1) (emphasis added).7 Rather, Congress has directed that no costs (including attorney's fees), however reasonably and necessarily incurred,fill be awarded to a winningtaxpayer ifthe IRS's position was "substantiallyjustified". Sec. 7430(c)(4)(B)(i). The IRS agrees that petitioners (1) have substantiallyprèvailed:with respect to the amo
1132(i) (1988), which provides that the Secretary of Labor may assess a civil penalty against a party in interest. While this clearly gives the DOL authority over the civil penalties for violation of the rules in ERISA against prohibited transactions, sec. 4975 deals with an excise tax, not a civil penalty. -22- ERISA and the Code provide for
- 12 - Section 4980 was introduced into the Code by section 1132(a) of the Tax Reform Act of 1986, Pub.