- 33 - 10 Smaller of (K - P) and (O + Q) 11 O + Q - R 3. Positions of the Parties Petitioners assert that the reserve under section 419A(c)(2) refers to the employer’s accrued liability to provide the postretirement benefits. Petitioners maintain that, since the entry age normal cost method is the only method that directly computes an accrued liability and allocates the present value of an employee’s future benefit over the employee’s entire working life, the account limit for the reserve is equal to the accrued liability computed under the entry age normal cost method. Petitioners further maintain that (1) for a retiree the accrued liability is the present value of the employee’s future benefits, and (2) for an active employee the accrued liability is the present value of the employee’s future benefits minus the present value of future normal costs determined under the entry age normal cost method. Petitioners contend that their contribution to the reserve for each year at issue did not cause the reserve to exceed the account limit and, therefore, the contributions were deductible under section 419. Respondent argues that petitioners’ position is inconsistent with (1) the language of section 419A(c)(2), (2) the established judicial precedent interpreting that section, (3) Congress’s purpose in enacting that section, (4) the accepted interpretation given “nearly identical language” in the provisions governingPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011