Neonatology Associates, P.A., et al - Page 73




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            life insurance.  Petitioners assert that the contributions all                             
            were made to the plans to pay premiums on term life insurance and                          
            that the premiums entitled the insureds to nothing more.                                   
                  Respondent argues that section 162(a) does not allow                                 
            Neonatology and Lakewood to deduct their contributions in full.                            
            Respondent concedes that Neonatology and Lakewood may deduct                               
            their contributions to their plans to the extent that the                                  
            contributions funded term life insurance.  See sec. 1.162-10(a),                           
            Income Tax Regs.; see also Joel A. Schneider, M.D., S.C. v.                                
            Commissioner, T.C. Memo. 1992-24; Moser v. Commissioner, T.C.                              
            Memo. 1989-142, affd. on other grounds 914 F.2d 1040 (8th Cir.                             
            1990).  As to the excess contributions, respondent asserts, those                          
            amounts are not deductible under section 162(a).  Respondent                               
            argues primarily that the excess contributions are distributions                           
            of surplus cash and not ordinary and necessary business expenses.                          
            Respondent points to the fact that the only benefit provided                               
            explicitly under the plans was term life insurance and asserts                             
            that the excess contributions did not fund this benefit.                                   
                  We agree with respondent that the excess contributions which                         
            Neonatology and Lakewood made to their plans are nondeductible                             
            distributions of cash for the benefit of their employee/owners                             
            and do not constitute ordinary or necessary business expenses.27                           

                  27 We need not and do not decide the correctness of                                  
            respondent’s alternative determinations disallowing deductions of                          
                                                                         (continued...)                





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