Connecticut Mutual Life Insurance Company and Consolidated Subsidiaries - Page 12

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                                       OPINION                                        

               The issue for decision is whether petitioner is entitled to            
          a section 162(a) deduction for its $20 million contribution to              
          the voluntary employees' beneficiary association (VEBA II) trust            
          established to provide holiday pay to its employees.                        
               Section 162(a) allows a deduction for all ordinary and                 
          necessary business expenses paid or incurred during the taxable             
          year.  With respect to deductions for employee benefits, section            
          1.162-10(a), Income Tax Regs., provides as follows:                         

               Amounts paid or accrued within the taxable year for                    
               dismissal wages, unemployment benefits, guaranteed                     
               annual wages, vacations, or a sickness, accident,                      
               hospitalization, medical expense, recreational,                        
               welfare, or similar benefit plan, are deductible under                 
               section 162(a) if they are ordinary and necessary                      
               expenses of the trade or business.  * * *  [Emphasis                   
               added.]                                                                

               In order to qualify for deduction under section 162(a), five           
          requirements must be satisfied.  The item must:  (1) Be paid or             
          incurred during the taxable year; (2) be for carrying on a trade            
          or business; (3) be an expense; (4) be a "necessary" expense; and           
          (5) be an "ordinary" expense.  Commissioner v. Lincoln Sav. &               
          Loan Association, 403 U.S. 345, 352 (1971).  A capital                      
          expenditure, in contrast, is not an "ordinary" expenditure within           
          the meaning of section 162(a) and is therefore not currently                
          deductible.  Id. at 353; see sec. 263(a).  Deductions from gross            





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