- 5 - Billy J. Johnson & Ruth Johnson (the Johnsons), docket No. 9229-94 Addition to Tax Penalty Sec. Sec. Year Deficiency 6651(a)(1) 6662(a) 1990 $83,972 --- $16,794 Johnson Systems, Inc. (Systems), docket No. 9230-94 Addition to Tax Penalty Sec. Sec. Year Deficiency 6651(a)(1) 6662(a) 1990 $108,675 --- $21,735 We decide the following issues: 1. Whether the Prime Plan is a welfare benefit plan or a plan deferring the receipt of compensation. We hold it is a welfare benefit plan.5 2. Whether the Prime Plan is a 10 or more employer plan described in section 419A(f)(6). We hold it is not.6 5 In light of a concession by respondent that amounts attributable to contributions to the Prime Plan are not includable in the gross income of the individual petitioners under sec. 83 if the plan is determined to be a welfare benefit plan, our holding on this issue makes it unnecessary to decide certain other issues in dispute; namely: (1) Whether the Trust maintains separate accounts for each employee under sec. 404(a)(5), (2) whether the employees' rights are subject to a substantial risk of forfeiture under sec. 83, (3) whether the Traegdes extended the period of limitation for assessment of tax on income recognizable under sec. 83, and (4) whether the petitioning individuals are liable for penalties under sec. 6662(a). We express no opinion on these issues. 6 Our holding on this issue moots another issue in dispute; namely, whether contributions to the Prime Plan are current or capital expenditures. We express no opinion on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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