- 23 - reserve limit principles for collectively bargained plans. Before final regulations were issued, current section 419A(f)(5)(A) was enacted, eliminating the need for such regulations. See Tax Reform Act of 1986, Pub. L. 99-514, sec. 1851(a)(13), 100 Stat. 2862. Respondent argues that petitioner should not be allowed to deduct the portion of the contribution related to collectively bargained employees because a separate fund was not created. This argument arises out of the language of section 419A(f)(5) that refers to any “qualified asset account under a separate welfare benefit fund * * * under a collective bargaining agreement”. Emphasis added. Respondent’s position is that “separate” means distinct and different from welfare benefits for noncollectively bargained employees. Because petitioner commingled the assets that were contributed for collectively bargained employees with those for noncollectively bargained employees, respondent argues that petitioner should not be allowed to deduct the portion of the 1987 contribution for union medical benefits. Petitioner asserts that the use of “separate” means that the funds in the VEBA should be separate from the general assets of petitioner and beyond the reach of petitioner’s creditors. Under the terms of the VEBA Trust, such reversion of petitioner’s contributions was expressly prohibited.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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