Square D Company and Subsidiaries - Page 15

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          matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner, 98           
          T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994);                    
          Colestock v. Commissioner, 102 T.C. 380, 381 (1994).  In the                
          instant case, each party has moved for partial summary judgment.            
          Neither party argues that there is any material issue of fact               
          remaining if we decide the three issues in the manner in which we           
          do.                                                                         
          Legal Framework                                                             
               In sections 419 and 419A, enacted as part of the Deficit               
          Reduction Act of 1984 (DEFRA), Pub. L. 98-369, 98 Stat. 494,                
          Congress limited the deductibility of contributions to welfare              
          benefit funds (WBF's) in order to restrict an employer from                 
          taking a current deduction for welfare benefits to be provided in           
          the future.  Section 419 provides, in relevant part, the                    
          following:                                                                  
               SEC. 419. TREATMENT OF FUNDED WELFARE BENEFIT PLANS.                   
                    (a) General Rule.--Contributions paid or accrued by an            
               employer to a welfare benefit fund--                                   
                         (1) shall not be deductible under this chapter,              
                    but                                                               
                         (2) if they would otherwise be deductible, shall             
                    (subject to the limitation of subsection (b)) be                  
                    deductible under this section for the taxable year in             
                    which paid.                                                       
                    (b) Limitation.--The amount of the deduction allowable            
               under subsection (a)(2) for any taxable year shall not                 
               exceed the welfare benefit fund's qualified cost for the               
               taxable year.                                                          
                    (c) Qualified Cost.--For purposes of this section--               




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