Norman E. Duquette, Inc. - Page 41




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          transition in the event Mr. Duquette is no longer available to              
          lead the company.”  Those are just words; they fail to establish            
          any corporate need for insurance should Norman’s death deprive              
          his one-man corporation of his services.  Cf. Whipple Chrysler-             
          Plymouth v. Commissioner, T.C. Memo. 1972-55.                               
               The plan also provided a self-insured medical benefit                  
          consisting of "[p]ayment of Medical Expenses up to a maximum of             
          $2,000 per year, per employee."  That language is the basis for             
          item (10), the $133 deduction for "medical bills".  We find that,           
          even though it covered only the two shareholder employees, the              
          Duquettes, the plan qualified as a medical benefit plan under               
          section 105(b), see section 1.105-5(a), Income Tax Regs., and               
          that petitioner is entitled to deduct any medical expense                   
          payments made under the plan.  Seidel v. Commissioner, T.C. Memo.           
          1971-238; see sec. 1.162-10(a), Income Tax Regs.  Norman’s                  
          American Express bills covering the 1994 tax year (all of which             
          were paid by petitioner) show a $25 dentist bill and a $108                 
          charge for prescription drugs.  However, the January 16, 1994,              
          American Express statement shows both a charge and a credit for             
          the $108, and Norman’s payment was reduced by the amount of such            
          credit.  We, therefore, find that petitioner is entitled only to            
          a $25 deduction for medical expense reimbursements under the                
          plan.                                                                       








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