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petitioner's April 30, 1983, balance sheet.5 Additional
difficulties arise when one takes into account that AMH, on
June 4, 1983, paid $171,640 in respect of September 30, 1982,
plan year and on June 7, 1984, paid $162,168 in respect of
September 30, 1983, plan year. To be sure, as petitioner points
out, neither of these figures was available on May 8, 1983 (the
closing date of the purchase and sale agreement), but the
$171,640 figure was available when petitioner's Form 990 for its
September 30, 1983, fiscal year was filed and presumably could
have been included in the amount of assumed liabilities; had this
been done, the amount of such liabilities would have exceeded the
amount shown on the Form 990 ($1,883,188 without taking into
account the net increase, if any, of liabilities incurred between
April 30, 1983, and the May 8, 1983, closing date). As will
subsequently appear, whether or not the $6,338,120, which
respondent appears to accept as the purchase price, is increased
by the amount of the liability in question will not be critical
in deciding the inurement question. We reject respondent's
argument that there was an overfunding of the pension plans and
therefore there is no liability to be taken into account. The
overfunding, upon which respondent relies, appears to relate to
the calculations applicable when a plan is being terminated which
5 The comparable figure in the Mar. 31, 1983, balance sheet
annexed to the purchase and sale agreement was $1,701,702.
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