Square D Company and Subsidiaries - Page 38

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          contributions), to be "treated as an amount in" the WBF as of the           
          end of the WBF's taxable year.8                                             
               In the instant case, the second sentence of the regulation             
          would prevent petitioner's deduction on the basis of the                    
          following calculation.  The fund balance on November 30, 1986,              
          was $11,297,108.  Petitioner contributed $27 million to the VEBA            
          Trust during December 1986, which under the regulation is deemed            
          part of the November 30, 1986, yearend balance, equal to                    
          $38,297,108.  As was mentioned supra, any balance remaining in              
          the VEBA Trust which is greater than the QAA account limit is not           
          allowed as a deduction.  Sec. 419A(b).  The deemed yearend                  
          balance on November 30, 1986 ($38,297,108), less the QAA account            
          limit ($8,447,418) equals the amount of the actual contribution             
          which is not allowable ($29,849,690) as a current deduction.                
          Because the disallowed amount ($29,849,690) is greater than the             
          actual contribution for the year ($27 million), there is no                 
          amount of the 1986 contribution which is allowable as a current             
          deduction.  Consequently, the deductible amount for 1986,                   
          pursuant to section 1.419-1T, Q&A-5(b)(1), Temporary Income Tax             
          Regs., supra, is zero.                                                      
               Petitioner contends that the limitation in the regulation is           
          not supported by sections 419 and 419A and, therefore, is an                

          8    See also sec. 1.419-1T, Q&A-4, Temporary Income Tax Regs.,             
          51 Fed. Reg. 4324 (Feb. 4, 1986), which similarly defines the               
          taxable year where the employer and the fund have a different               
          yearend.                                                                    




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