Sherwin-Williams Company Employee Health Plan Trust - Page 26




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               GLSO.  In calculating the qualified asset account limit                
               for this purpose, a reserve for post-retirement medical                
               benefits under section 419A(c)(2)(A) is not to be taken                
               into account.  [Emphasis added.]                                       
               Q&A-3(a) plainly provides that, for purposes of determining            
          the limitation prescribed by section 512(a)(3)(E)(i), a reserve             
          for post-retirement medical benefits described in section                   
          419A(c)(2)(A) is not to be taken into account in “calculating the           
          qualified asset account limit”.  Q&A-3(a) does not indicate that,           
          for those purposes, such a reserve is not to be taken into                  
          account in calculating the amount of assets set aside as of the             
          close of a taxable year.                                                    
               Our interpretation regarding the parenthetical phrase                  
          appearing at the end of section 512(a)(3)(E)(i) also is supported           
          by the General Explanation of the Revenue Provisions of the                 
          Deficit Reduction Act of 1984 that was prepared by the Staff of             
          the Joint Committee on Internal Revenue Taxation (General Expla-            
          nation).  Congress enacted section 512(a)(3)(E)(i) into the Code            
          as part of the Deficit Reduction Act of 1984.  See Deficit                  
          Reduction Act of 1984, Pub. L. 98-369, sec. 511(b), 98 Stat. 860.           
          The General Explanation provides in pertinent part with respect             
          to section 512(a)(3)(E)(i):                                                 
                    The [Deficit Reduction] Act [of 1984] provides a                  
               specific annual limit on the amount of income of a tax-                
               exempt VEBA * * * that may be considered a permissible                 
               set aside.  Under the Act, the amount of such an orga-                 
               nization’s income for a year that may be considered set                
               aside as exempt function income is generally not to                    
               increase the total amount that is set aside to an                      





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Last modified: May 25, 2011