Robert W. Tschetter - Page 15

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               In the instant cases, a plan (as defined in section                    
          1.105-5(a), Income Tax Regs.) existed.  Wolf Creek Farm adopted a           
          written medical reimbursement plan identifying who was eligible             
          to participate, what expenses would be reimbursed, and how                  
          participants were to make claims for reimbursement.  The plan was           
          adopted at the first meeting of the board of directors.                     
               Mr. Tschetter had knowledge of the medical reimbursement               
          plan.  Moreover, the medical reimbursements provided under the              
          written plan included reimbursement for all “medical care” costs            
          deductible on Form 1040, which include health insurance costs.              
          Sec. 213(d)(1)(D).  And finally, we are satisfied that the                  
          corporation’s medical plan was for Mr. Tschetter’s benefit as an            
          employee of Wolf Creek Farm, and not for his benefit as one of              
          the corporation’s shareholders.                                             
               Plans limited to employees who are also shareholders are not           
          per se disqualified under section 105(b).  Larkin v.                        
          Commissioner, supra at 635 n.5.  In this regard, we have                    
          sustained plans for corporate officers who were also shareholders           
          because those officers had central management roles in conducting           
          the business of the corporation.  Wigutow v. Commissioner, supra;           
          Epstein v. Commissioner, T.C. Memo. 1972-53; Seidel v.                      
          Commissioner, T.C. Memo. 1971-238; Smith v. Commissioner, T.C.              
          Memo. 1970-243; Bogene, Inc. v. Commissioner, T.C. Memo.                    
          1968-147.                                                                   






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