Lucky Stores, Inc. and Subsidiaries - Page 20

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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                
               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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