Sherwin-Williams Company Employee Health Plan Trust - Page 27




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               amount in excess of the account limit for the taxable                  
               year determined under the deduction limits provided by                 
               the Act (sec. 419A(c) and (f)).  The limit on the set-                 
               aside is intended to apply to more-than-10-employer                    
               VEBAs which are exempt from the deduction limitations.                 
               * * *                                                                  
                    In general, the rules applicable in computing the                 
               account limit under the deduction rules [section 419],                 
               such as the special reserve limits for collectively                    
               bargained plans, also are applicable in determining the                
               set-aside allowed for purposes of the unrelated busi-                  
               ness income tax.  However, for purposes of determining                 
               the limit on the set aside, the account limit is not to                
               include any amount with respect to reserves to provide                 
               post-retirement medical benefits.  The limit on the                    
               amount set aside as exempt function income does not                    
               include a reserve for post-retirement medical benefits                 
               because, in view of the advance deductions provided to                 
               employers for these benefits, it was determined that                   
               the allowance of such a tax-exempt reserve would pro-                  
               vide an unnecessary tax incentive with respect to these                
               benefits.  [Footnote ref. omitted; emphasis added.]                    
          Staff of Joint Comm. on Taxation, General Explanation of the                
          Revenue Provisions of the Deficit Reduction Act of 1984, at 791             
          (J. Comm. Print 1984).                                                      
               The General Explanation plainly provides that, in determin-            
          ing the limitation prescribed by section 512(a)(3)(E)(i), a                 
          reserve for post-retirement medical benefits is not to be taken             
          into account in determining the account limit.  The General                 
          Explanation does not indicate that, in making that determination,           
          such a reserve is not to be taken into account in calculating the           
          amount of assets set aside at the close of a taxable year.19                

               19If we were to accept the Trustee’s alternative position              
          that for each year at issue not only the account limit, as                  
                                                             (continued...)           





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Last modified: May 25, 2011