Connecticut Mutual Life Insurance Company and Consolidated Subsidiaries - Page 19

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               the taxpayer for a period of time in the future, then                  
               the expenditure is deemed capital and cannot be                        
               currently deducted.  See National Starch & Chemical                    
               Corp. v. Commissioner, 918 F.2d 426 (3d Cir. 1990),                    
               affg. 93 T.C. 67 (1989), cert. granted INDOPCO, Inc. v.                
               Commissioner, 500 U.S. ___, 59 U.S.L.W. 3769 (May 13,                  
               1991).  [Schneider v. Commissioner, supra.]                            

               Applying these principles to the facts in Schneider v.                 
          Commissioner, supra, we determined that the taxpayer was entitled           
          to a deduction pursuant to section 162(a).  First, we found that            
          the assets contributed by the employer were held in trust to                
          provide the benefits discussed above, and none of the employee              
          benefit plans allowed for the reversion of assets to the employer           
          in the event the plan was amended or terminated.                            
               Second, we found that the employer's contributions to these            
          plans directly benefited its employees and that any future                  
          benefit that the employer would derive from its contributions was           
          based solely on the expectation that its employees were more                
          likely to remain loyal and perform to the best of their abilities           
          if their economic needs were satisfied.  In our view, such a                
          benefit was only an incidental or indirect benefit, and therefore           
          not controlling.  See Weil v. Commissioner, supra at 879-880;               
          Elgin Natl. Watch Co. v. Commissioner, 17 B.T.A. 339, 358 (1929),           
          affd. 66 F.2d 344 (7th Cir. 1933).                                          
               We also rejected the Commissioner's argument that the                  
          taxpayer's contributions were essentially prepaid expenses, which           
          were required to be capitalized.  We found that the annual                  





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