- 27 - Petitioner has pointed to several other provisions of the Code that require assets to be “set aside” as examples of language that Congress would have used if it had intended for the set-aside of assets. See secs. 419A(d)(1), 512(a)(3)(E). In an analogous context in General Signal Corp. & Subs. v. Commissioner, supra at 244, we stated: However, if the language of section 419A(c)(2) is read to require the creation of a reserve funded with general assets rather than segregated assets, the language of these other provisions would not have been appropriate. More importantly, this argument is simply not sufficient to overcome the unambiguous statements of the legislative history regarding the accumulation of assets and the funding of benefits. The same analysis and conclusion apply here. Although section 419A(c)(1) does not use the term “reserve”, in order for a taxpayer to be entitled to a deduction, the assets must be set aside. An interpretation that the requirements of section 419A are purely computational would ignore the legislative history of section 419A, which states, in part: the conferees wish to emphasize that the principal purpose of this provision of the bill is to prevent employers from taking premature deductions, for expenses which have not yet been incurred, by interposing an intermediary organization which holds assets which are used to provide benefits to the employees of the employer. * * * [H. Conf. Rept. 98-861, at 1155 (1984), 1984-3 C.B. (Vol. 2) 1, 409 (1984).] Petitioner has ignored this requirement and has focused instead on the reasonableness of the amount of the contribution for long-term disability.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