- 21 - 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...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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