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Form 5305-SIMPLE for Detroit Michigan: What You Should Know

United States District Court Eastern District of California On the same day, Defendants filed a motion for summary judgment based on Plaintiff's failure to show that he knew the plan's design, benefits, or terms of use was illegal. The court finds that the Defendants have not meet their burden of proving that Plaintiff is 'not reasonably likely to be identified, as a result of his voluntary participation, as a participant in the plan'․ Defendants' motion for summary judgment must be granted. Plaintiff fails to show that he knew that the design of the plan does not comply the requirements of the Unites States Tax Code, and Defendant's argument to the contrary is speculative and speculative at this early stage of the case. Defendants have failed to show that Plaintiff is 'not reasonably likely to be identified as ․ a participant of the plan' through his voluntary participation. At this stage, the court finds that the evidence supports the court finding that Plaintiff is 'not reasonably likely to be identified, as a result of his voluntary participation, as a participant in the plan.' “ Plaintiff's contention that his decision to participate constitutes a breach of fiduciary duty is unsupported. Plaintiff must show that he knew his participation in the plan was illegal and that he deliberately made a deliberate decision to violate the terms of the plan. The trial court did not err in admitting the evidence as sufficient to support the trial court's finding that all Defendants knowingly participated in the plan. Plaintiff fails to show that he has any other remedy available to rectify his situation beyond filing suit against the plan. Plaintiff is not entitled to relief based on the Unites States Tax code. See Citron v. United States, 803 F.3d 1212, 1222–23 (9th Cir. 2015) (plaintiff must show that he has a remedy other than seeking a refund based on the Unites States Tax Code). Plaintiff is not entitled to relief because the plan is an employee benefit plan. The Unites States Tax Code provides that an individual may not knowingly ․ participate in a plan ․ that ․ is not ․ in accordance with ․ the law or regulations adopted under this title.” Unite States Tax Code, Section 4972(c) (emphasis added) Plaintiff must show that the plan was “established, maintained, or administered in violation of this title.

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