- 6 - provides that the “two and one-half month period may be extended for not more than six months”. That language sets a definitive time limit. Moreover, the legislative history of section 412 does not support petitioner’s “safe-harbor” argument. The conference report states that the contribution may relate back to the plan year if it is made within 2-1/2 months after the close of that plan year, plus any extension granted by the Internal Revenue Service up to an additional 6 months (for a maximum of 8-1/2 months after the end of the year). [H. Conf. Rept. 93-1280, at 290 (1974), 1974-3 C.B. 415, 451; emphasis added.] The use of the word “maximum” is also definitive. The legislative intent was to create a fixed time period in which deemed contributions would be allowed. Petitioner contends that section 412(c)(10)(B) should be read to allow deemed contributions beyond the 8-1/2 months because of our holding in Aero Rental v. Commissioner, 64 T.C. 331 (1975). In Aero Rental we held that the statutory timeframe of section 401(b) for retroactive amendments acted as a safe- harbor and was not a definitive deadline. The taxpayer in Aero Rental initiated a stock bonus plan in December 1969. The taxpayer requested a determination that the plan qualified under section 401 in June 1970. After extended negotiations with the Commissioner, the taxpayer amended the plan to comply with the Commissioner’s position in July 1971. But the Commissioner disallowed the taxpayer’s deductions for plan contributions forPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011