Square D Company and Subsidiaries - Page 39

                                       - 39 -                                         
          impermissible broadening of the statute.  Petitioner changed the            
          tax year of the VEBA Trust from a calendar yearend to a fiscal              
          year ending November 30 during November of 1985.  Changing the              
          yearend of the VEBA Trust was an attempt to avoid the limit on              
          additions to a qualified asset account as imposed by section                
          419A.  By making a full contribution during December for the next           
          year's claims, petitioner sought to take a deduction for the year           
          of the contribution while treating the contribution as being made           
          in the following year of the VEBA Trust and avoiding the account            
          limit imposed by sections 419 and 419A.  Petitioner argues that,            
          but for the regulation, its intrayearend contribution, made                 
          during December 1986, would be deductible in 1986, because that             
          contribution would not be required to be included as part of the            
          VEBA as of its taxable year ending November 30, 1986.                       
          Accordingly, petitioner argues, the regulation contradicts the              
          plain language of section 419 and is invalid.  Petitioner                   
          contends that it is therefore entitled to a deduction for the               
          1986 contribution without application of the limitation.                    
               2.  Review of the Regulation                                           
               In General Signal Corp. & Subs. v. Commissioner, supra,                
          where the facts were virtually identical to the facts in this               
          case, the taxpayer did not argue that section 1.419-1T, Q&A-                
          5(b)(1), Temporary Income Tax Regs., supra, was invalid, so we              
          left that question for another day.  Id. at 238.  Accordingly, we           






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011