- 10 - dealing with deductibility, and section 412, dealing with the minimum funding standard, provide for different periods within which a contribution must be made in order to be timely, and Pub. 560 restates those different periods. Even if Pub. 560 could be construed to suggest that a contribution will be deemed timely for minimum funding standard purposes if made by the due date of the employer’s return plus extensions, it is clear that the sources of authoritative law in the area of Federal taxation are the relevant statutes, regulations, and judicial decisions and not informal publications issued by the Internal Revenue Service. See Zimmerman v. Commissioner, 71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d 1294 (2d Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458 (1972); see also Dixon v. United States, 381 U.S. 68, 73-75 (1965); Adler v. Commissioner, 330 F.2d 91, 93 (9th Cir. 1964), affg. T.C. Memo. 1963-196; Carter v. Commissioner, 51 T.C. 932, 935 n.3 (1969). In other words, reliance on an informal IRS publication may not be used to justify a reporting position that is inconsistent with the operative law. See, e.g., Johnson v. Commissioner, 620 F.2d 153, 155 (7th Cir. 1980), affg. T.C. Memo. 1978-426; Jones v. Commissioner, T.C. Memo. 1993-358. Finally, petitioner seeks to have us redress the timing difference between section 404(a) and section 412. In this regard, petitioner points out that corporate taxpayers are deemedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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