Phillip M. Wenger, C.P.A., A Sole Proprietor - Page 10




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          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 deemed           





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