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the amount of the reserve described in sec.
419A(c)(2)(A), I.R.C., for post-retirement medical
benefits. Held, further, because of the limitation
prescribed by sec. 512(a)(3)(E)(i), I.R.C., in deter-
mining for each year at issue the UBTI of T under sec.
512(a)(3)(A), I.R.C., the amount of investment income
at issue may not be excluded as exempt function income.
Michael T. Cummins and Robert K. Olson, for petitioner.
Mark L. Hulse, for respondent.
OPINION1
CHIECHI, Judge: Respondent determined the following defi-
ciencies in the Federal income tax (tax) of The Sherwin-Williams
Company Employee Health Plan Trust (Trust):
Year Deficiency
1991 $489,941
1992 339,924
The issues for decision are:
(1) In determining for each year at issue the unrelated
business taxable income (UBTI) of the Trust under section
512(a)(3)(A),2 is the amount of investment income that the Trust
1Unless otherwise indicated, our Opinion pertains to 1991
and 1992, the years at issue.
2All section references are to the Internal Revenue Code
(Code) in effect for the years at issue. All Rule references are
to the Tax Court Rules of Practice and Procedure.
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