Square D Company and Subsidiaries - Page 42

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          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.                                                                   




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