Lucky Stores, Inc. and Subsidiaries - Page 16

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          limitation under section 404(a).  Moreover, petitioner argues               
          that the grace period contributions were "for the portion of" the           
          Current Taxable Year that ended within the various plan years of            
          the CBA Plans to which it made contributions, because under                 
          section 404(a)(6) they were deemed to have been a payment made on           
          the last day of the Current Taxable Year.                                   
               Respondent presents several alternative arguments.  First,             
          respondent contends that petitioner's longstanding practice of              
          deducting only contributions calculated from covered hours worked           
          during a given taxable year constituted an accounting method.  In           
          order to change to a different accounting method, petitioner was            
          required under section 446(e) to obtain the Commissioner's                  
          consent, which was not done.  Second, respondent asserts that               
          petitioner's "new method", i.e., that of deducting grace period             
          contributions in the Current Taxable Year, fails to clearly                 
          reflect income under section 446(b).  And, third, respondent                
          claims that the grace period contributions were not "on account             
          of" petitioner's current tax year within the meaning of section             
               Section 404(a) specifies that employer contributions to                
          exempt trusts under various types of qualified employee benefit             
          plans are not deductible under any other Code provision, but if             

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