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expired on September 15, 1995. Petitioner made the contribution
on October 16, 1995.
Petitioner contends that no accumulated funding deficiency
existed for the Wenger plan’s 1994 year because the plan
provided:
The employer contribution for each plan year shall
be delivered to the custodian not later than the due
date for filing the employer’s income tax return for
its fiscal year in which the plan ends, including
extensions thereof.
Petitioner points out that he made the required
contributions to the Wenger plan on or before October 16, 1995,
the due date of his income tax return, including extensions
thereof. Petitioner contends that because the prototype plan
document sponsored by Charles Schwab, the plan adopted by
petitioner as the Wenger plan, received a determination letter
approving the language of the plan, the language of the plan
should control whether a timely contribution was made. We
disagree.
The minimum funding standards appear in section 412 and are
not a qualification requirement of section 401(a).4 Thus, the
4 Cf. sec. 11.412(c)-12(b)(2), Temporary Income Tax Regs.,
41 Fed. Reg. 46597-46598 (Oct. 22, 1976), providing:
The rules of this section relating to the time a
contribution to a plan is deemed made for purposes of
the minimum funding standard under section 412 are
independent from the rules contained in section
(continued...)
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