The U. S. Supreme Court recently decided not to review a decision by the Seventh Circuit (Matz v. Household International Tax Reduction Investment Plan, 265 F.3d 572 (7th Cir. 2001) (“Matz II“), cert. denied, U.S., No. 01-1059 (March 25, 2002)) in which the Seventh Circuit decided not to follow the Internal Revenue Service’s guidelines as to which terminated plan participants are counted in making a determination of whether a partial plan termination has occurred.

Background