Robert D. Booth and Janice Booth, et al. - Page 58

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          would have been deductible had it provided the benefits directly            
          to its employees.  Subpart D's limitations are inapplicable when            
          section 419A(f)(6) applies.  Section 419A(f)(6) generally lets an           
          employer fully deduct its contributions in the year made,                   
          although its employees may not have to report these contributions           
          as income until a later year.                                               
               We agree with petitioners that the Prime Plan was a welfare            
          benefit fund.  See sec. 419(e)(1), (2)(B), (3)(B); sec. 1.162-10,           
          Income Tax Regs; see also Schneider v. Commissioner, T.C. Memo.             
          1992-24; Moser v. Commissioner, T.C. Memo. 1989-142, affd. on               
          other grounds 914 F.2d 1040 (8th Cir. 1990).  Mr. Weiss testified           
          credibly that he designed the Prime Plan intending entirely to              
          provide employees with "real" welfare benefits that would not be            
          subject to abuse, and we read the record to support his                     
          testimony.  The DWB's under the Trust Agreement also are not                
          payable upon the happening of a certainty, but more closely                 
          resemble insurance payable only in the case of an uncertainty.              
          See Harry A. Wellons, Jr., M.D., S.C. v. Commissioner, 31 F.3d              
          569 (7th Cir. 1994), affg. T.C. Memo. 1992-704.  Although the               
          Prime Plan had features of deferred compensation (e.g., the                 
          payment of DWB's upon an employee's termination from employment             
          based on his or her compensation and length of service, the                 
          presence of vesting schedules), these features were swallowed up            
          by the Prime Plan's valid welfare benefit purpose so as to make             






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