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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
$37,839,040.20.
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
contribution.
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