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EP/EO |
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The self-correction procedure will not be available to correct any plan violations for any plan year under Employee Plans or Exempt Organizations (EP/EO) examination or pending EP/EO examination. In a situation where an agent said, "Yes, you have a section 415 problem, or a joint and survivor annuity issue, or a topheavy problem and this is going to the EP/EO Division for an examination"--I think that would put the taxpayer outside the scope of the VCR program. The section further provides: "This includes any plan for which the plan sponsor, or a representative, has received verbal or written notification from the EP/EO Division of an impending Employee Plans examination or of an impending referral for Employee Plans examination, and also includes any plan that has been under Employee Plans examination and is now in Appeals or in litigation for issues raised in the Employee Plans examination. |
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