American Stores Company and Subsidiaries - Page 35

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          Section 413(b)(7) even refers directly to section 404(a):  "Each            
          applicable limitation provided by section 404(a) shall be                   
          determined".  As such, sections 404(a) and 413(b)(7) cannot be              
          read separately.  Together, they enable individual employer                 
          contributors to determine their deduction limits in the tenebrous           
          context of overlapping tax and plan years.  Consequently, section           
          404(a)(6), by its reference to section 404(a)(1) through (3), has           
          an impact on section 413(b)(7).                                             
               Petitioner maintains that, if an individual employer's tax             
          treatment of its contributions affects the deductibility of all             
          contributions, administrators and other contributing employers              
          could never know whether a contribution was in fact deductible.             
          That would no doubt be true under petitioner's approach, in which           
          an employer's tax treatment is subject to its unilateral                    
          allocation of grace period contributions.  However, such a                  
          problem never arises if an employer contributor premises its                
          deduction on services performed in its 12-month tax year.                   
               Petitioner argues that the rationale of Airborne Freight               
          Corp. v. United States, 76 AFTR 2d 95-7497, 96-1 USTC par. 50,004           
          (W.D. Wash. 1995), should prevail in the instant case.  However,            
          as we noted in Lucky Stores II, the District Court did not                  
          directly confront the question of section 404(a) deduction                  
          limitations.  Lucky Stores, Inc., & Subs. v. Commissioner, T.C.             








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