Square D Company and Subsidiaries - Page 1

                                   109 T.C. No. 9                                     


                               UNITED STATES TAX COURT                                


                  SQUARE D COMPANY AND SUBSIDIARIES, Petitioner v.                    
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 15047-94, 4991-95.     Filed October 9, 1997.              


                    During December 1982, P established a voluntary                   
               employees' beneficiary association (VEBA) which                        
               qualified for exemption under sec. 501(c)(9), I.R.C.,                  
               and as a welfare benefit fund (WBF) under sec. 419(e),                 
               I.R.C.  During the initial years of the VEBA, P                        
               contributed amounts to the VEBA to provide certain                     
               employee welfare benefits and for claims which were                    
               incurred but unpaid (CIBU's) at yearend.  During 1985,                 
               P changed its VEBA yearend to Nov. 30, while P retained                
               a calendar yearend.  Also during 1985, P began                         
               prefunding for benefits the VEBA was expected to                       
               provide in later years.                                                
                    1.  Held, P is not automatically entitled to the                  
               safe harbor percentages of sec. 419A(c)(5)(B)(i) and                   
               (ii), I.R.C., in computing additions to its account                    
               limit for CIBU's for the taxable years 1986 and 1987.                  
               General Signal Corp. & Subs. v. Commissioner, 103 T.C.                 
               216 (1994), followed.                                                  






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