- 7 - 635 (1987)). Moreover, unless the Secretary establishes otherwise by regulations, a "written determination" may not be used or cited as precedent by another taxpayer. Sec. 6110(j)(3); sec. 301.6110-7(b), Proced. & Admin. Regs. Written determinations include both private rulings and technical advice memoranda such as those excerpted above. Sec. 301.6110-2(a), Proced. & Admin. Regs. As to the actual merits of the case, section 413(b)(7) provides that "Each applicable limitation provided by section 404(a) shall be determined as if all participants in the plan were employed by a single employer." Section 413(b)(7) also provides that anticipated employer contributions are to be determined in a manner consistent with the manner in which actual contributions are determined. In the prior proceeding petitioner argued that under section 413(b)(7) its contributions were within the deductible limits of section 404(a) because the anticipated contributions for all of the CBA plans to which petitioner contributed for their respective plan years did not exceed any maximum deduction limitation under section 404(a). But petitioner's own contributions, if the so-called grace period contributions are included, as petitioner insists they should be, substantially exceeded its anticipated contributions. In our Opinion we stated that since section 413(b)(7) requires that the computation of anticipated contributions be consistent with actual employerPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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