- 11 - to make a timely contribution for purposes of section 412 if plan contributions are made by the due date of the corporate tax return including extensions thereof, because for corporate taxpayers such date (including extensions thereof) falls 8-1/2 months after the close of the taxable year. See secs. 6072(b), 6081(a). Petitioner claims that similar treatment should be given to self-employed taxpayers; i.e., that contributions made by the due date of a self-employed individual’s return (including extensions thereof) should be deemed timely for purposes of both section 404(a) and section 412. However, it is not within our jurisdiction to change requirements that are plainly mandated by statute. In short, we cannot ignore the plain language of the statute and, in effect, rewrite the statute to achieve what may seem to petitioner to be a more equitable result. See Hildebrand v. Commissioner, 683 F.2d 57, 59 (3d Cir. 1982), affg. T.C. Memo. 1980-532; Johnson v. Commissioner, 661 F.2d 53, 54-55 (5th Cir. 1981), affg. 74 T.C. 1057 (1980); D.J. Lee, M.D., Inc. v. Commissioner, 92 T.C. at 302. Accordingly, petitioner did not make a timely contribution to the Wenger plan for purposes of the minimum funding standard of section 412. Respondent’s determination of excise tax under section 4971(a) is therefore sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011