- 28 - 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 overallPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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