Schmidt Baking Company, Inc. - Page 19

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          subject to the claims of petitioner's creditors and which                          
          constituted amounts includable in the income of such employee-                     
          beneficiaries as of March 13, 1992.                                                
                As a consequence and in accordance with section 1.404(b)-1T,                 
          Temporary Income Tax Regs., neither the vacation nor the                           
          severance pay constituted a deferred compensation plan to which                    
          section 404(a)(5) applies.  This being the case, section 83(h)                     
          and section 1.83-6(a)(3), Income Tax Regs., apply, and petitioner                  
          is entitled to deduct the amounts in question in accordance with                   
          its normal accrual method of accounting, i.e., for its fiscal                      
          year ending December 28, 1991.                                                     
                In order to take into account concessions by petitioner on                   
          other issues,                                                                      
                                           Decision will be entered                          
                                      under Rule 155.                                        





















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