Connecticut Mutual Life Insurance Company and Consolidated Subsidiaries - Page 21

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          indirect future benefits, which do not require capitalization.              
          See INDOPCO, Inc. v. Commissioner, supra at 87.                             
               In contrast, VEBA II was the funding medium for petitioner's           
          future holiday pay obligations.  These future obligations were              
          contingent upon the future performance of services by                       
          petitioner's employees.  Holiday pay is closely akin to salary,             
          the most basic obligation any employer undertakes.  The $20                 
          million contribution to VEBA II provided funds to reimburse                 
          petitioner for holiday pay obligations that it expected to incur            
          for many years into the future.                                             
               The employees in Moser v. Commissioner, supra, and Schneider           
          v. Commissioner, supra, generally had a vested right to the                 
          severance, disability, or death benefits at the time the employer           
          made the contribution.  The occurrence of a qualifying event,               
          such as the death, disability, or termination of an employee,               
          entitled the employee to benefits regardless of the fact that the           
          employee would no longer be providing services to the employer.             
          In contrast, the creation of the VEBA II trust to fund holiday              
          pay benefits did not provide petitioner's employees with a vested           
          right to future holiday pay.  Petitioner could reduce its holiday           
          pay benefits or even liquidate the VEBA II trust without                    
          incurring any liability to its employees for future holiday                 
          pay.12  The right to holiday pay did not vest unless and until an           

               12On Jan. 1, 1995, petitioner adopted a new "paid time away            
                                                             (continued...)           




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