- 64 - Respondent determined primarily that the contributions were not deductible under section 162(a). Respondent determined alternatively that the contributions were not deductible under section 404(a)(5); respondent determined that the Marlton Plan was not a “welfare benefit fund” under section 419(e) but a nonqualified plan of deferred compensation subject to the rules of section 404. Respondent determined as a second alternative that, assuming that the Marlton Plan is a “welfare benefit fund”, any deduction of the contributions was precluded by section 419; for this purpose, respondent determined that the NJ VEBA was not a “10-or-more employer plan” under section 419A(f)(6) as asserted by petitioners. Respondent determined as a third alternative that any deduction of the contributions was precluded by section 264(a); for this purpose, respondent determined that each life insurance policy issued under the Marlton Plan covered the life of a person financially interested in Dr. Lo’s trade or business and that Dr. Lo was directly or indirectly a beneficiary under the policy. OPINION We must determine the tax consequences flowing from the subject VEBA’s, which, petitioners claim, are “10-or-more employer plans” entitled to the favorable tax treatment set forthPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011