Susan Jane Hoyez, C.P.A. - Page 6




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          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 for             





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