TY 2010 ReasonableCauseExplanation
Name:
SPIEGEL INC EMPLOYEE WELFARE BENEFITS TRUST
EIN: 36-3310271
Explanation:
EBHI HOLDINGS, INC. (BANKRUPT) ("EBHI") FILED BANKRUPTCY ON JUNE 17, 2009. ON MARCH 18, 2010 THE U.S. BANKRUPTCY COURT OF THE DISTRICT OF DELAWARE ENTERED AN ORDER CONFIRMING THE JOINT PLAN OF ORDERLY LIQUIDATION. PURSUANT TO THE CONFIRMED PLAN, EBHI WAS DISSOLVED AND ITS REMAINING ASSETS WERE TRANSFERRED TO A LIQUIDATING TRUST AND LARRY WASLOW WAS APPOINTED AS THE LIQUIDATING TRUSTEE ("THE TRUSTEE") CHARGED WITH WINDING UP THE AFFAIRS OF EBHI. EBHI WAS THE CORPORATE ENTITY PREVIOUSLY ADMINISTERING THE SPIEGEL, INC. EMPLOYEE WELFARE BENEFITS TRUST ("THE TRUST"). PURSUANT TO 11 U.S.C. SECT. 704(11), THE TRUSTEE IS RESPONSIBLE FOR THE LIQUIDATION OF THE SPIEGEL WELFARE BENEFIT PLAN AND THE RELATED ASSETS OF THE TRUST. THE 2010 FORM 990 INFORMATIONAL RETURN WAS PREPARED BY BDO USA, LLP, THE DEBTOR'S CERTIFIED PUBLIC ACCOUNTANTS, BASED ON DATA PROVIDED BY FIDELITY MANAGEMENT TRUST COMPANY, THE TRUST ASSET CUSTODIAN, ("FIDELITY"), AND FROM FINANCIAL AND EMPLOYEE INFORMATION PREVIOUSLY PROVIDED BY THE DEBTOR'S FORMER PERSONNEL. DURING THE ASSEMBLY OF INFORMATION RELATING TO THE PREPARATION OF THE 2011 INFORMATIONAL RETURN BEDERSON & COMPANY LLP, THE TRUSTEE'S ACCOUNTANTS, DETERMINED THAT THE 2010 ANNUAL FORM 990 FILING WAS NOT A TIMELY FILED OR RECEIVED BY THE INTERNAL REVENUE SERVICE. DUE TO THE BANKRUPTCY, THE ESTABLISHMENT OF THE LIQUIDATING TRUST AND THE CHANGE IN TRUST ADMINISTRATORS, AND THE PROFESSIONALS SERVICING THE TRUST, THE TRUSTEE WAS NOT INFORMED OF THE FILING REQUIREMENT OF THE TRUST BY THE DEBTOR'S FORMER PERSONNEL, FIDELITY, OR THE FORMER ACCOUNTANTS. THE TRUSTEE HAS TAKEN THE STEPS NECESSARY TO BRING THE DELINQUENT FILINGS CURRENT. IT IS REQUESTED THAT THE ABOVE-MENTIONED CIRCUMSTANCES AND THE ATTACHED INFORMATIONAL FILING BE REVIEWED, THAT THE TRUST'S RECORDS BE UPDATED TO REFLECT THE BANKRUPTCY OF THE ORIGINAL TRUST ADMINISTRATOR, AND THAT ALL PENALTIES AND INTEREST RELATING TO THE LATE FILING OF THE 2010 FORM 990 BE ABATED.THE TRUSTEE HAS RELIED UPON THE EXPERTISE OF THE PAID PREPARER IN COMPILING THE INFORMATION NECESSARY TO PREPARE THIS RETURN FOR FILING IN COMPLIANCE WITH THE INTERNAL REVENUE SERVICE'S REQUIREMENTS. THE TRUSTEE ACCEPTS RESPONSIBILITY FOR THE RESULTS OF THE TAX SERVICES PERFORMED. THE TRUSTEE, HIS CURRENT PROFESSIONALS, AND THE TRUST'S PRIOR ACCOUNTANTS DO NOT HAVE ANY DIRECT KNOWLEDGE OF THE TRANSACTIONS RECORDED AND REPORTED BY THE TRUST ASSET CUSTODIAN AND BY THE DEBTOR; HOWEVER THE TRANSACTIONS REPORTED WERE COMPILED FROM THIRD PARTY INFORMATION CONSISTENT WITH THE 2010 FORM 5500-SF.