Neonatology Associates, P.A., et al - Page 61




                                               - 61 -                                                  
            Lo deducted on his joint 1993 Federal individual income tax                                
            return.                                                                                    
                  The Marlton Plan provides in relevant part that:  (1) Each                           
            person covered by the plan is entitled to a death benefit equal                            
            to eight times his or her prior-year compensation, (2) an                                  
            employee’s spouse may not join the plan, and (3) a proprietor may                          
            join the plan only if 90 percent or more of the plan’s total                               
            participants are employees of Marlton on 1 day of each quarter of                          
            the plan year.  The only persons covered by the Marlton Plan are                           
            Dr. Lo, Ms. Lo, and Edward Lo,21 and, during 1994, the Marlton                             
            Plan purchased a separate insurance policy on the life of each of                          
            these persons.  None of these persons, had he or she died, would                           
            have received a death benefit under the plan equal to eight times                          
            his or her prior-year compensation.  Ms. Lo was a Marlton                                  
            employee during 1994, and it paid her, ostensibly as employee                              
            compensation, $46,800, $51,600, and $54,000 during the respective                          
            years from 1992 to 1994.  Edward Lo was an employee of Marlton                             
            during 1994, and it paid him, ostensibly as employee                                       
            compensation, $39,930, $39,358, and $37,918 during the years 1992                          
            through 1994.  Dr. Lo was never a Marlton employee, and he was                             
            not eligible to participate in the plan during any of the                                  




                  21 The record does not reveal Edward Lo’s relationship (if                           
            any) to Dr. Lo.                                                                            





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