Susan Jane Hoyez, C.P.A. - Page 5




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               plan year shall be deemed to have been made on the last day            
               of such year.                                                          
               The issue in this case is whether the October 3, 1994,                 
          contribution to the Plan was timely.  Both parties agree that the           
          contribution to the Plan made on October 3, 1994, was made more             
          than 8-1/2 months after the plan year ended.  Petitioner contends           
          that the language of section 412(c)(10)(B) acts as a safe-harbor            
          and not as a definitive deadline.  Petitioner argues that section           
          412(c)(10)(B) does not contain any language indicating that it is           
          the sole time period in which a deemed contribution can be timely           
          made.  Petitioner points to the language of section 412(b)(3)(A),           
          i.e., “the amount considered contributed by the employer to or              
          under the plan for the plan year”, and contends that the use of             
          the phrase “plan year” indicates that other time periods are                
          contemplated by the statute.                                                
               We cannot read the phrase “plan year” in section                       
          412(b)(3)(A) to mean that separate time periods are contemplated            
          by the statute.  The use of the phrase “plan year” is a reference           
          to the actual calendar or fiscal tax year of the plan.  In this             
          case, references to the “plan year” would be references to the              
          Plan in 1993 that ended December 31.  Section 412(c)(10)(B)                 
          determines when a contribution is deemed contributed, not section           
          412(b)(3)(A).  If an amount is deemed contributed under section             
          412(c)(10)(B), section 412(b)(3)(A) simply acts to credit that              
          amount to the funding standard account.  Section 412(c)(10)(B)              





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