Ricky Schmidt and Suzetta J. Schmidt - Page 17

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          Commissioner, T.C. Memo. 1971-238; Smith v. Commissioner, T.C.              
          Memo. 1970-243; Bogene, Inc. v. Commissioner, T.C. Memo.                    
          1968-147.                                                                   
               Respondent has stipulated that during the years at issue Mr.           
          Schmidt was an employee of Hillside Dairy.  Indeed, Mr. Schmidt             
          was the corporation’s only employee.  And without Mr. Schmidt’s             
          involvement, Hillside Dairy could not have raised its crops or              
          conducted its dairy operations.                                             
               Mr. Schmidt’s compensation for services rendered to Hillside           
          Dairy was his salary and employee benefits.  Respondent does not            
          contend that Mr. Schmidt received excessive compensation.                   
          Indeed, respondent contends that Mr. Schmidt was undercompensated           
          for his services                                                            
               Although Mrs. Schmidt did not work for Hillside Dairy,                 
          payment of her medical expenses was based on her status as Mr.              
          Schmidt’s spouse.  Likewise, payment of the medical expenses for            
          the Schmidts’ children was based on their status as Mr. Schmidt’s           
          dependents.  The derivative participation of Mr. Schmidt’s spouse           
          and dependents is plainly contemplated both by the medical plan             
          and by section 105(b).                                                      
               On the basis of the record before us, we conclude that                 
          medical payments for the benefit of the Schmidts and their                  
          children were made under a plan for employees and not for                   
          shareholders.  Accordingly, during the years at issue, the                  






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