Lucky Stores, Inc. and Subsidiaries - Page 18

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               Section 404(a)(6) expands somewhat the time of payment                 
          provision at the beginning of section 404(a)(1)(A) by providing:            
                    (6) Time when contributions deemed made.--For purposes            
               of paragraphs (1), (2), and (3), a taxpayer shall be deemed            
               to have made a payment on the last day of the preceding                
               taxable year if the payment is on account of such taxable              
               year and is made not later than the time prescribed by law             
               for filing the return for such taxable year (including                 
               extensions thereof).                                                   

               As a further refinement of the section 404(a) limitations on           
          the deductibility of contributions, section 413 provides certain            
          rules that apply exclusively to "collectively bargained plans,              
          etc."  Section 413(a) provides that subsection (b) applies to any           
          plan (and any trust thereunder) maintained pursuant to a CBA;               
          i.e., a CBA Plan.  Various paragraphs of subsection (b) provide             
          rules that relate to CBA Plans, but the relevant paragraph for              
          our present purposes is paragraph (7), which furnishes a road map           
          for applying section 404(a) limitations insofar as they relate to           
          CBA Plans.  Section 413(b)(7) provides:                                     
                    (7) Deduction limitations.--Each applicable limitation            
               provided by section 404(a) shall be determined as if all               
               participants in the plan were employed by a single employer.           
               The amounts contributed to or under the plan by each                   
               employer who is a party to the agreement, for the portion of           
               his taxable year which is included within such a plan year,            
               shall be considered not to exceed such a limitation if the             
               anticipated employer contributions for such plan year                  
               (determined in a manner consistent with the manner in which            
               actual employer contributions for such plan year are                   
               determined) do not exceed such limitation.  If such                    

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Last modified: May 25, 2011