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I. The Deductions for Contributions to Collectively Bargained
Plans
Under applicable Internal Revenue Code provisions, employers
may enter into "qualified" deferred compensation arrangements,
which provide retirement and other benefits to employees and
their beneficiaries through single employer plans, multiple
employer plans, and multiemployer plans. Plans not established
pursuant to collective bargaining agreements are herein referred
to as Multiple Employer Plans. Plans established and maintained
pursuant to such agreements are henceforth referred to as
Multiemployer Plans or, alternately, as CBA Plans. In both
Multiple Employer Plans and Multiemployer Plans, the
contributions of participating employers are pooled and used to
provide benefits to all covered employees, former employees, and
their beneficiaries. Section 413(b) contains certain rules
exclusively applicable to CBA Plans, which are the plans involved
in the instant case.
At all relevant times, petitioner was obligated to
contribute money to 39 CBA Plans. These plans were defined
benefit pension plans. By stipulation of the parties, arguments
were limited to the 10 plans to which petitioner contributed the
largest amounts in TYE 8801 (the Top 10 Plans). The parties have
agreed to apply the Court's decision with respect to the Top 10
Plans to petitioner's contributions to the other 29 plans. The
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Last modified: May 25, 2011