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