Neonatology Associates, P.A., et al - Page 64




                                               - 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 forth                          










Page:  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