Robert D. Booth and Janice Booth, et al. - Page 75

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          ultimately lead [inappropriately] to an unacceptable tax burden             
          for many taxpayers who do not participate in these programs."               
          Id. at 1276.  Bearing these expressions of legislative intent in            
          mind, we are unable to agree with petitioners that the Congress             
          was encouraging the type of tax planning techniques promoted in             
          the Prime Plan.                                                             
               We also disagree with petitioners' assertion that the Prime            
          Plan lacked "experience-rating arrangements with respect to                 
          individual employees".  The legislative history of subpart D sets           
          forth the House committee's intent to disallow the tax benefits             
          which petitioners claim flow from the Prime Plan, and the                   
          examples of abuse that the House committee cited in its report              
          describe precisely what Prime is attempting to accomplish through           
          the Prime Plan.  The legislative history states that section                
          419A(f)(6) was enacted because the relationship of a                        
          participating employer to a 10 or more employer plan typically              
          resembles the relationship of an insured to an insurer. H. Conf.            
          Rept. 98-861, supra at 1159; 1984-3 C.B. (Vol. 2) at 413.  The              
          legislative history states further that a 10 or more employer               
          plan is outside the scope of section 419A(f)(6) if "the liability           
          of any employer who maintains the plan is determined on the basis           
          of experience rating because the employer's interest with respect           
          to such a plan is more similar to the relationship of an employer           
          to a fund than an insured to an insurer."  H. Conf. Rept. 98-861,           
          supra at 1159; 1984-3 C.B. (Vol. 2) at 413.                                 




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