Venture Funding, Ltd. - Page 42

                                       - 42 -                                         
               v. Commissioner, 110 T.C. ___, ___ (1998) (slip op. at                 
               4).]                                                                   
               The majority, relying on the report of the Senate Finance              
          Committee, opines that "included" means "taken into account in              
          determining the tax liability" and is synonymous with the term              
          "recognize".  Majority op. pp. 8-9.  In footnote 3 on page 9 of             
          the Majority opinion, the majority argues that because section              
          83(h) uses the term "included" and section 404(a)(5), which was             
          also added by section 321 of the Tax Reform Act of 1969, Pub. L.            
          91-172, 83 Stat. 487, 588, uses the term "includible", Congress             
          intended different meanings.6  However, a close analysis of the             
          Senate Finance Committee report indicates that Congress used the            
          two terms interchangeably.  The Senate Finance Committee report             
          refers to the deduction under section 83(h) and states:                     

               The allowable deduction is the amount which the                        
               employee is required to recognize as income.  The                      
               deduction is to be allowed in the employer's accounting                
               period which includes the close of the taxable year in                 
               which the employee recognizes the income.  * * *  [S.                  
               Rept. 91-552, supra at 123, 1969-3 C.B. at 502;                        
               emphasis added.]                                                       





               6Sec. 404(a)(5) provides that contributions to nonexempt               
          plans are deductible in the taxable year in which an amount                 
          attributable to the contribution is "includible in the gross                
          income of employees".  Sec. 402(b)(1) provides that employer                
          contributions to a nonexempt trust "shall be included in the                
          gross income of the employee in accordance with section 83".                





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