- 65 - in section 419A(f)(6).24 The VEBAs’ framework was crafted by the insurance salesmen mentioned herein and marketed to professional, small business owners as a viable tax planning device. The VEBAs’ scheme was subscribed to by varied small businesses whose employee/owners sought primarily the advertised tax benefits and 24 The term “10-or-more employer plan” is defined by sec. 419A(f)(6), which provides as follows: (6) Exception for 10-or-More Employer Plans.-- (A) In general.--This subpart [i.e., the rules of subpt. D that generally limit an employer’s deduction for its contributions to a welfare benefit fund to the amount that would have been deductible had it provided the benefits directly to its employees] shall not apply in the case of any welfare benefit fund which is part of a 10 or more employer plan. The preceding sentence shall not apply to any plan which maintains experience-rating arrangements with respect to individual employers. (B) 10 or more employer plan.--For purposes of subparagraph (A), the term “10 or more employer plan" means a plan-- (i) to which more than 1 employer contributes, and (ii) to which no employer normally contributes more than 10 percent of the total contributions contributed under the plan by all employers. See generally Booth v. Commissioner, 108 T.C. 524, 562-563 (1997), for a discussion of the tax consequences which flow from a 10-or-more employer plan vis-a-vis another type of welfare benefit fund, on the one hand, or a plan of deferred compensation, on the other hand.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011