- 26 - Under section 419A(a), “‘qualified asset account’ means any account consisting of assets set aside to provide for the payment of” certain benefits. In order to qualify as a deductible contribution to a welfare benefit fund under section 419(a), petitioner’s contribution must not exceed the qualified cost of the fund, i.e., the qualified direct costs plus any qualified asset account. Qualified asset accounts are generally subject to an account limit, which for these purposes is the amount reasonably and actuarially necessary to fund claims incurred but unpaid as of the close of the taxable year in which the contribution is made, and the related administrative costs. For petitioner’s 1987 year, no benefits were paid out of the VEBA Trust, and, thus, no qualified direct costs were incurred. Petitioner argues that the $2.5 million contribution for long-term disability is a qualified asset account and is deductible. The parties disagree as to the meaning of the phrase “assets set aside” in the definition of qualified asset account. Petitioner contends that the phrase does not require that a “reserve” be established, pointing out that “reserve” is used only in the context of postretirement benefits in section 419A. Respondent argues that petitioner must actually set aside the assets to include them in the qualified asset account and to deduct the contribution.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011