- 28 - As in the case of the postretirement benefits, petitioner did not disclose the establishment of reserves for long-term disability benefits in its financial reporting for its 1987 year. Only those employees involved in the implementation of the VEBA were informed about the existence of the VEBA. By making the contribution for long-term disability benefits, petitioner received a substantial tax savings. Petitioner’s treasurer estimated in a July 1987 letter that the 1987 contribution would be depleted in 12 to 18 months after the VEBA was established. The 1987 contribution was depleted by the second month of petitioner’s 1989 year. Petitioner made no contribution for long-term disability benefits that were incurred but unpaid during its 1988 year, and, in the following years, petitioner contributed to the VEBA through monthly contributions approximating the benefits that were paid. No indication of reserves was shown on petitioner’s Form 1024, Application for Recognition of Exemption. Again, while disclosure is not required by the applicable Code and regulations, the lack of disclosure, along with petitioner’s other actions regarding the VEBA Trust, shows that petitioner did not accumulate assets in the VEBA Trust for the purpose of setting aside assets for the payment of future long-term disability benefits that were incurred but unpaid. We cannot conclude that these assets were set aside for the above-stated purposes, and, thus, we need not address thePage: 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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