- 19 - “account limit” under section 419A(c) is only a mathematical computation that limits the deduction, not a requirement that a segregated reserve be included in the welfare benefit fund. However, the VEBA Trust did not retain even general assets that were sufficient to fund the reserves claimed by petitioner. Thus, petitioner's position has the same shortcomings as the position that the Court considered and rejected in General Signal Corp. & Subs. v. Commissioner, 103 T.C. 216 (1994). In General Signal, the taxpayer corporation argued that section 419A(c)(2) did not require the establishment of a funded reserve in order for an amount to be included in the account limit. Id. at 240. Because of the taxpayer corporation’s “vehement assertion” that “reserve funded” did not have a commonly understood meaning, the Court looked to the legislative history of section 419A(c)(2) for guidance and determined “that Congress intended section 419A(c)(2) to permit the accumulation of funds for purposes of funding postretirement benefits.” Id. The legislative history of section 419A states, in part: Prefunding of life insurance, death benefits, or medical benefits for retirees.--The qualified asset account limits allow amounts reasonably necessary to accumulate reserves under a welfare benefit plan so that the medical benefit or life insurance (including death benefit) payable to a retired employee during retirement is fully funded upon retirement. These amounts may be accumulated no more rapidly than on a level basis over the working life of the employee, with the employer of each employee. * * * The conferees intend that the Treasury Department prescribe rules requiring that the funding of retiree benefits be based on reasonable and consistently applied actuarial cost methods, which take into account experience gains andPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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