- 42 - see also Moser v. Commissioner, T.C. Memo. 1989-142 (allowing a deduction for a single contribution to a VEBA which funded all of the welfare benefits the VEBA was expected to pay), affd. on other grounds 914 F.2d 1040 (8th Cir. 1990). Both sections 419 and 419A, in their attempt to end the acceleration of deductions for contributions to VEBA's, refer to the taxable year, or taxable yearend. These sections, by their terms, do not deal specifically with a situation where the trust and the employer use different taxable years, creating a gap in the statutes. The regulation fills the gap by treating contributions to a VEBA after the VEBA yearend but prior to the taxpayer's yearend as being in the fund at the time of the VEBA yearend.10 Because the regulation is consistent with the intent of DEFRA, and because it permissibly fills a gap created by sections 419 and 419A, we conclude that section 1.419-1T, Q&A-5(b)(1), Temporary Income Tax Regs., 51 Fed. Reg. 4324 (Feb. 4, 1986), is not impermissibly broader than sections 419 and 419A and, accordingly, we hold that it is valid. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., supra. We have 10 Respondent also argues that the deduction limited by the regulation would not otherwise be allowable, as required by sec. 419(a)(2), i.e., under secs. 162, 446, 461, and 7852, and that therefore the regulation is valid. Because we hold that the regulation is valid on other grounds, we do not address this argument.Page: 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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