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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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