American Stores Company and Subsidiaries - Page 11

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               The parties subsequently agreed that petitioner improperly             
          calculated the amount of the "grace period contributions".                  
          Petitioner admits that it overstated its deduction for "grace               
          period contributions" by $6,224,901.16, and acquiesces in the               
          adjustments made by respondent to that extent.  Thus, after that            
          concession, the amount remaining in dispute in regard to                    
          contributions made by petitioner after January 30, 1988, and                
          before October 15, 1988, was $37,955,325.20.  Respondent concedes           
          that contributions in the amount of $116,285 (which were                    
          attributable to amounts contributed by Skaggs Alpha Beta and Star           
          Markets in February 1988 for covered services performed in                  
          January 1988) were properly deductible.  As a result, the portion           
          of the "grace period contributions" remaining at issue is                   
               The administrator of each plan was a party independent of              
          petitioner and was appointed by the Board of Trustees of the                
          plan.  Under the terms of the collective bargaining agreements,             
          the plans were entitled to collect interest and/or late fees on             
          delinquent contributions from employers.  At all times during the           
          relevant period, each CBA Plan administrator had procedures to              
          monitor the actual dates of receipt of each employer's required             

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