- 23 - of related administrative costs) for the VEBA Trust year ended November 30, 1986, and $11,193,974 (plus $731,907 of related administrative costs) for the VEBA Trust year ended November 30, 1987. The parties have stipulated that the additions to the account limit for CIBU's, if not based on the safe harbor limits, are $7,619,925 (plus $395,683 of related administrative costs) and $5,290,729 (plus $261,232 of related administrative costs) for the VEBA Trust years ended November 30, 1986 and 1987, respectively. Petitioner contends that the phrase in section 419A(c)(1) "Except as otherwise provided in this subsection" means that any other provision, i.e., section 419A(c)(5), is outside of, and not subject to, the general requirement of section 419A(c)(1). Accordingly, petitioner contends that, because section 419A(c)(5) does not require that the account limit be reasonable, no such requirement exists. Petitioner also argues that the safe harbor limits allow taxpayers to avoid the burden of demonstrating that additions to the account limit are reasonable, because the only way to show reasonableness would be to obtain an actuarial certification. We disagree with petitioner. Although Congress sought to reduce the cost of compliance by allowing certain additions to the account limit to be made without having to incur the cost of obtaining actuarial certification, a taxpayer must still show that the additions to the account limit for CIBU's during the taxPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011