Does a private retirement plan need to be designed and use for retirement purposes to qualify for exemption under section 704.115(a)(2) of the Tax Code?

MultiRegion, United States of America

The following excerpt is from In Re: Dudley v. Anderson, 249 F.3d 1170 (9th Cir. 2001):

We addressed a somewhat similar contention in Bloom v. Robinson (In re Bloom), 839 F.2d 1376, 1378 (9th Cir. 1988) -- whether a private retirement plan must be "designed and use for retirement purposes" to qualify for an exemption under 704.115(a)(1). The debtor in In re Bloom acknowledged that, under 704.115(a)(2), a profit-sharing plan must be "designed and used for retirement purposes " in order to be exempt, but argued that under 704.115(a)(1), a private retirement plan was not subject to this standard. See id. at 1378. We addressed this argument as follows:

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