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The taxable year of a contributing employer need not match
the plan year of a plan to which such employer contributes.
Administrators of Multiemployer Plans are not cognizant of the
taxable years adopted by contributing employers. Moreover, under
the terms of the collective bargaining agreements, petitioner was
not required to report to the plan administrators the deductions
it claimed for contributions.
In preparing its funding standard account under section 412
for each plan year, no CBA Plan considered contributions made by
contributing employers for hours worked by covered employees
following such plan year. Under each CBA Plan for all relevant
periods, the earning, crediting, and vesting of a participant's
benefit remained independent of the making of any specific
contribution of an employer.
The parties stipulated that, if called to testify by
petitioner, the employee of petitioner most familiar with its
subsidiaries' contribution obligations to each of the plans would
state that, as of January 31, 1988, he had no reason to believe
that the amount of any of the subsidiaries' monthly contribution
obligation to any such plan would significantly decrease in the
8-month period following January 31, 1988. Furthermore, the
amount of total employer contributions actually paid to each of
the plans relating to covered services performed during each plan
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