Robert D. Booth and Janice Booth, et al. - Page 69

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          exceeds the benefit claims and is liable if the benefit claims              
          exceed the amount paid".  H. Rept. 98-432 (Part 2), supra at 1280           
          n.18.  Petitioners also look to section 1851(a)(8)(B) of the Tax            
          Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2860, which                   
          describes an experience-rated insurance policy to mean "the                 
          employer has a contractual right to a refund or dividend based              
          solely upon the experience of such employer".  Petitioners assert           
          that the conferees' use of the word "often" in their explanation            
          of section 419A(f)(6) means that the Prime Plan did not have to             
          function as a risk-distributing insurer in order to fall within             
          that section.  Petitioners assert that the Suspense Account                 
          satisfied any risk shifting requirement inherent in section                 
          419A(f)(6) because actuarial gains were pooled to supplement                
          underfunded benefits of other employers.                                    
               We disagree with petitioners' assertion that the Prime Plan            
          is a single plan for purposes of subpart D.  The Prime Plan is              
          nothing more than an aggregation of individual, unique plans                
          formed by separate employers who have:  (1) Delegated to a common           
          administrator their (the employers') duties and responsibilities            
          with respect to the respective plans that each employee/owner has           
          tailored personally for his or her business and (2) contributed             
          funds to a trust overseen by a common trustee that was required             
          to disburse each employer's contributions, and earnings thereon,            
          primarily for the benefit of the contributing employer's                    
          employees.  The fact that Prime structured the Prime Plan to have           




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