American Stores Company and Subsidiaries - Page 28

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          limitations of section 404(a)(1)(A) and section 413(b)(7), and              
          their relation to section 404(a)(6).                                        
               For the reasons detailed below, we conclude that petitioner,           
          by its misguided attempt to use the expanded time of payment                
          provision of section 404(a)(6) to augment its current                       
          contribution deduction, has run afoul of the deduction limits for           
          individual employer contributors imposed by sections 404(a)(1)(A)           
          and 413(b)(7).  See Lucky Stores, Inc., & Subs. v. Commissioner,            
          107 T.C. at 12.                                                             
               Sections 404(a)(1)(A) and 413(b)(7) place limits on the                
          overall amount that may be deducted by all contributing employers           
          to a CBA Plan for portions of their respective tax years included           
          in a plan year.  They do not detail the method by which the                 
          actual amount of the deduction of an individual employer                    
          contributor may be calculated.  Nevertheless, in the absence of             
          regulations promulgated by the Secretary, we think these sections           
          outline the approach that should be taken to determine the                  
          permissible amount of each employer's deductions for                        
          contributions to a CBA Plan.  The dominant themes we extrapolate            
          from section 413(b)(7) to aid us in this regard are those of                
          consistency and predictability.                                             
               Section 413(b)(7) provides a necessary fiction for employer            
          contributors to ascertain whether they will exceed the overall              








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