Robert D. Booth and Janice Booth, et al. - Page 60

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          arrangement contemplated by the regulations".  Harry A. Wellons,            
          Jr. M.D., S.C. v. Commissioner, 31 F.3d at 572.                             
               Nor do we agree with respondent's claim that the DWB's were            
          deferred compensation because an employer could voluntarily                 
          terminate its participation in the Prime Plan.  We are unable to            
          find any requirement in the applicable statutory and regulatory             
          provisions that would limit welfare benefits to cases in which an           
          employer could not voluntarily terminate its participation in a             
          plan.  We find in the statutory text that the Congress knew how             
          to say "involuntary separation" when it wanted.  See, e.g., sec.            
          501(c)(17)(D), which is referenced in sec. 419A(f)(1)(A).  In the           
          absence of a legislative pronouncement that limits severance                
          benefits to cases where an employer could not voluntarily                   
          terminate its participation in a plan, we refuse to adopt such a            
          pronouncement here.  Although respondent is concerned that the              
          ability of a participating employer to terminate voluntarily its            
          participation in the Prime Plan allows the employer to control              
          the timing of income to its employees, we regard that concern as            
          misplaced.  Respondent's concern could also be expressed with               
          respect to the pension plan of a corporation owned by a single              
          shareholder.  Although the shareholder may be the only employee,            
          it does not necessarily follow that such a pension plan provides            
          for receipt of deferred compensation merely because the                     
          owner/shareholder has the ability to terminate the pension plan             
          at will.                                                                    




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