Schmidt Baking Company, Inc. - Page 9

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                the right to such compensation or benefits are                               
                performed.  The determination of whether a plan, or                          
                method or arrangement, defers the receipts of                                
                compensation or benefits is made separately with                             
                respect to each employee and each amount of                                  
                compensation or benefit.  * * *                                              
                     (b)(1) A plan, or method or arrangement, shall be                       
                presumed to be one deferring the receipt of                                  
                compensation for more than a brief period of time after                      
                the end of an employer's taxable year to the extent                          
                that compensation is received after the 15th day of the                      
                3rd calendar month after the end of the employer's                           
                taxable year in which the related services are rendered                      
                ("the 2 1/2 month period").  * * *                                           
                                *   *   *   *   *   *   *                                    
                     (c) A plan, or method or arrangement, shall not be                      
                considered as deferring the receipt of compensation or                       
                benefits for more than a brief period of time after the                      
                end of the employer's taxable year to the extent that                        
                compensation or benefits are received by the employee                        
                on or before the end of the applicable 2 1/2 month                           
                period.  * * *   [Emphasis added.]                                           

                To summarize our complicated march through the Code and                      
          regulations, section 1.83-6(a)(3), Income Tax Regs., implementing                  
          section 83(h), refers us to section 1.162-10(a), Income Tax                        
          Regs., which refers us to section 404(a)(5), which refers us to                    
          section 404(b)(1) and (2), as implemented by section 1.404(b)-1T,                  
          Temporary Income Tax Regs., 51 Fed. Reg. 4321 (Feb. 4, 1986),                      
          which contains the test that we must apply.                                        
                Section 1.404(b)-1T, Temporary Income Tax Regs., provides                    
          that if the benefits were "received" within the 2-1/2 month                        
          period,9 the amounts would not be deferred compensation, they                      

          9  Two and 1/2 months is often used interchangeably with 75 days.                  
                                                                  (continued...)             



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