The court declined to defer to IRS private letter rulings
interpreting whether plans qualify as church plans exempt from ERISA and stated it is not persuaded by other court rulings but by this principle: "[Congress] says in a statute what it means and means in a statute what it says there."
According to a recent IRS private letter ruling
, a series of preferred stock issued by a closed-end fund qualifying as a regulated investment company (RIC) was treated as equity for income tax purposes even though it possessed certain characteristics of indebtedness.
But a prepayment option, bolstered by a recent IRS Private Letter Ruling
, may be an attractive alternative to such plans--and avoid gift taxes altogether.