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calendar year basis, by actuaries who base their calculations
upon data furnished by the Fund. The Fund bills each employer on
the first of each month, indicating the contribution rate
applicable to that employer, and the employer in turn provides
the Fund with a list of employees and hours worked, calculates
the per hour rate times the hours worked, and makes its monthly
contribution accordingly. As stated earlier, payments are due on
the 20th of the month, and are deemed delinquent if not received
by the end of the month.
Petitioner's Current Taxable Year ended February 2, 1986.
It seems obvious that, except for delinquent payments on account
of a preceding month in the taxable year, the only grace period
contribution in this case that would be treated by the Northern
California Retail Clerks' Employer Benefit Fund in the same
manner that the Plan would treat a payment actually received on
February 2, 1986, would be the payment for hours worked in
January, 1986, and which was due February 20, 1986. All monthly
payments thereafter would be treated by the Plan as being related
to hours worked in a tax year subsequent to the Current Taxable
Year.
Petitioner complains that the administrative procedures of
the Northern California Retail Clerks' Employer Benefit Fund, as
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