- 7 - Despite this broad definition, we have long held that the term "accident or health plan" presupposes a predetermined course of action and that it signifies something more than merely one or more ad hoc benefit payments. Gordon v. Commissioner, 88 T.C. 630, 635 (1987); American Foundry v. Commissioner, 59 T.C. 231, 238-239 (1972), affd. in part and revd. in part 536 F.2d 289 (9th Cir. 1976); Lang v. Commissioner, 41 T.C. 352, 356-357 (1963); Estate of Kaufman v. Commissioner, 35 T.C. 663, 666 (1961), affd. 300 F.2d 128 (6th Cir. 1962). Generally, deferred compensation plans and accident or health plans serve distinct purposes. Deferred compensation plans are designed to remunerate an employee for services rendered over a substantial period of time. Accident or health plans, on the other hand, provide payments to employees in the event of illness or injury, without regard to such factors as compensation, length of service, and company profitability. Thus, in order to come within the scope of section 105, petitioners must show by "clear indicia" that the deferred compensation plan in question was intended to serve the dual purpose of providing accident or health benefits as well as retirement benefits. Berman v. Commissioner, 925 F.2d 936, 938- 939 (6th Cir. 1991), affg. T.C. Memo. 1989-654; Caplin v. United States, 718 F.2d 544, 549 (2d Cir. 1983); Gordon v. Commissioner, supra at 640.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011