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.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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