Lucky Stores, Inc. and Subsidiaries - Page 7

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          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 employer                




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