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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.
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Last modified: May 25, 2011