- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011