Square D Company and Subsidiaries - Page 34

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          employees, retirees or disabled employees of the existence of a             
          reserve within the VEBA Trust for the accumulation of assets,               
          i.e., the creation of a reserve, for the provision of                       
          postretirement medical benefits.  This circumstance also supports           
          the conclusion that petitioner did not fund or create a reserve.            
               Petitioner engaged the services of Touche Ross to audit its            
          VEBA Trust financial statements, but it did not disclose to                 
          Touche Ross the existence of a reserve or liabilities for the               
          provision of PRMB's.  Petitioner, however, did disclose its                 
          reserve for CIBU's, and it was reported on the VEBA Trust's                 
          financial statements.                                                       
               Although FASB 81 requires disclosure of the funding policies           
          followed for providing benefits and sets out an example of how a            
          company could disclose the fact that it funded benefits on the              
          basis of an accrual over the working lives of the covered                   
          employees, the funding method for the cost of retiree health                
          coverage that petitioner actually disclosed was that claims would           
          be expensed as they were incurred.  This circumstance is                    
          additional support for the conclusion that petitioner did not               
          fund a reserve for the provision of PRMB's.                                 
               In an attempt to distinguish General Signal Corp. & Subs. v.           
          Commissioner, 103 T.C. 216 (1994), and Parker-Hannifin Corp. v.             
          Commissioner, T.C. Memo. 1996-337, from the instant case,                   
          petitioner points out that it established the VEBA Trust in 1982            
          and used it at all times thereafter to pay employee welfare                 




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