Connecticut Mutual Life Insurance Company and Consolidated Subsidiaries - Page 23

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          expenses.  It is clear that petitioner's $20 million contribution           
          to VEBA II for the purpose of funding its future holiday pay                
          obligations resulted in a substantial future benefit.                       
          Contributions that provide taxpayers with substantial, as opposed           
          to merely incidental, future benefits must be capitalized.                  
          INDOPCO, Inc. v. Commissioner, supra at 87.                                 
               Nevertheless, petitioner contends that deductions of this              
          sort must necessarily be allowed for taxable years prior to 1986.           
          Petitioner argues that Congress enacted sections 419 and 419A,              
          applicable to years after 1985, to prohibit the type of deduction           
          at issue here.  Sections 419 and 419A generally restrict                    
          deductions for contributions made to welfare benefit funds to the           
          year that benefits are actually paid out to employees.  See                 
          Schneider v. Commissioner, supra.  Petitioner points to a                   
          discussion at the end of our opinion in Schneider v.                        
          Commissioner, supra, where we rejected the Commissioner's                   
          argument that the taxpayer's contributions were not deductible              
          until paid out by the plans as benefits.  We remarked that "the             
          statute [section 162] was amended by the enactment of sections              
          419 and 419A to bring about that result in the case of                      
          contributions made after 1985", Schneider v. Commissioner, supra,           
          and we quoted from the House report, which explained that the               
          enactments resulted from Congress' belief "'that the current                
          rules under which employers may take deductions for plan                    
          contributions far in advance of when the benefits are paid allows           




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