- 6 - and do not affect the computation of the plan's deductible limit under section 404(a). [Tech. Adv. Mem. 8714008 (Dec. 17, 1986); emphasis added.] [7.] However, the principles contained in Rev. Rul. 76-28 regarding the application of section 404(a)(6) are related only to the timing of contributions for deduction purposes and do not affect the computation of the plan's deductible limit under section 404(a). [Tech. Adv. Mem. 8543002 (April 30, 1985); emphasis added.] In short, the materials proffered by petitioner, to support its argument that the Court's Opinion is inconsistent with respondent's long-standing administrative position regarding section 404(a)(6) and Rev. Rul. 76-28, in fact wholly support the rationale of our Opinion and the result reached therein. In this connection, it may also be useful to note that in our Opinion we pointed out that Technical Advice Memorandum 8210014, upon which petitioner so strongly relied, itself flatly states that "this ruling does not consider the actual amounts deductible for the * * * [relevant] taxable year". Lucky Stores, Inc. & Subs. v. Commissioner, 107 T.C. at 16. In all of its moving papers, petitioner simply ignores these constantly repeated caveats, so it is difficult to give credence to petitioner's insistence that the Court has disregarded long-standing administrative practice. Deduction limitations and petitioner's failure to come within them are at the focal point of our Opinion. Even in the absence of the foregoing, as we stated in our Opinion, revenue rulings are not ordinarily precedential in this Court. Id. at 13 (citing Gordon v. Commissioner, 88 T.C. 630,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011