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standards". H. Conf. Rept. 93-1280, at 290 (1974) 1974-3 C.B.
415, 451. There is nothing in the legislative history to suggest
that Congress intended to expand the treatment of post-yearend
payments beyond extending parity to cash basis taxpayers and
making necessary calculations to determine the amount of the
contribution.
Petitioner has the burden of proof in establishing that the
contributions it seeks to deduct are, in the words of section
404(a)(6), "on account of" the Current Taxable Year. Rule
142(a). In attempting to do this, petitioner places heavy
emphasis upon words contained in Rev. Rul. 76-28, 1976-1 C.B.
106. Rev. Rul. 76-28, 1976-1 C.B. at 107, states that it
"provides rules with respect to the application of section
404(a)(6) * * * in those areas where the Service has determined
that guidelines are necessary pending the issuance of
regulations." (We note that as of the date of this Opinion, some
20 years later, regulations have still not been forthcoming.)
Rev. Rul. 76-28 holds that
a payment made after the close of an employer's taxable year
to which amended section 404(a)(6) applies shall be
considered to be on account of the preceding taxable year if
(a) the payment is treated by the plan in the same manner
that the plan would treat a payment actually received on the
last day of such preceding taxable year of the employer, and
(b) either of the following conditions is satisfied.
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