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included as premiums or other consideration paid by the employee5
if the amounts were taxable to the employee when contributed by
the employer or:
(2) if such amounts had been paid directly to the
employee at the time they were contributed, they would
not have been includible in the gross income of the
employee under the law applicable at the time of such
contribution. [Sec. 72(f)(2).]
An example of such amounts is certain payments excludible
from income under section 911(a) that were contributed by an
employer before 1963. Sec. 1.72-8(a)(2), Income Tax Regs. But
the language of section 72(f) is clearly broad enough to include
other types of income not subject to taxation, such as income
exempt by reason of section 7873.
In the absence of legislative indications to the contrary,
we are required to apply statutory provisions as we find them in
accordance with their plain meaning. United States v. American
Trucking Associations, Inc., 310 U.S. 534, 543-544 (1940);
Campbell v. Commissioner, supra at 62. We find that we must
include all contributions made by the Tribe, which are
denominated "employee" contributions by the trustee of the
5It does not appear that petitioner's IRA is a simplified
employee pension (SEP) under sec. 408(k). All employees of the
hatchery received the same amount, $160 a month, for contribution
to a health or pension plan. SEP's, among other requirements,
must have a formulary relationship between contributions and
compensation. Sec. 408(k)(3)(C), (k)(5).
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