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petitioner may not unilaterally expand its deduction limitation,
and increase the amount of its deduction, simply by including
contributions in amounts that are inconsistent with anticipated
employer contributions.
Furthermore, petitioner has not shown that its deduction as
enhanced by the post-yearend contribution falls within the plan
limits stipulated by the parties and reflected in our findings of
fact. (The parties stipulated that actual contributions during
the plan year as recorded on Forms 5500, Schedule B, filed by the
Six Large Plan Administrators, fall within the deductible
limits.) Petitioner merely argues that the plan's computation of
anticipated employer contributions is not concerned with the
amount of the employer's deduction. But section 413(b)(7)
requires that the computation of anticipated employer
contributions must be consistent with actual employer
contributions, and we believe that if such consistency is
achieved, as in this case, then the actual contributions--those
based on hours worked in the taxable year--determine the amount
of the deduction.
Sandra Turpen, the Plan Administrator for the Northern
California Retail Clerks' Employer Benefit Fund, testified that
the minimum funding standard for the fund is calculated on a
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