- 21 -
(1) The employer designates the payment in writing to
the plan administrator or trustee as a payment on account of
the employer's preceding taxable year, or
(2) The employer claims such payment as a deduction on
his tax return for such preceding taxable year (or, in the
case of a contribution by a partnership on behalf of a
partner, the contribution is shown on schedule K of the
partnership tax return for such year). [1976-1 C.B. at
107.]
Revenue rulings are not ordinarily precedential in this
Court. Gordon v. Commissioner, 88 T.C. 630, 635 (1987). We need
not dwell on the question of the weight to be afforded Rev. Rul.
76-28 in this case, however (see Estate of Lang v. Commissioner,
64 T.C. 404, 407 (1975), affd. in part and revd. in part on an
unrelated issue 613 F.2d 770 (9th Cir. 1980)), because we believe
that in any case petitioner has failed to prove that the payments
in question were treated in the same manner that the CBA Plans
would treat a payment actually received on the last day of the
current taxable year.
Section 413(b)(7) prescribes the method for determining the
parameters of the deduction limitations in the case of CBA Plans.
Section 413(b)(7) provides that each applicable section 404(a)
limitation is to be determined as if all participants in the plan
are employed by a single employer. The amount contributed by
each employer under a CBA Plan will not exceed the maximum
deduction limitation if the anticipated employee contributions
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: May 25, 2011