- 9 - income tax returns for 2000 and 2001, listing their principal business as “child care.” Petitioners deducted $3,279 as an employee benefit program expense in 2000, including $705.82 for health insurance premiums. Petitioners deducted $4,539 as an employee benefit program expense in 2001, including $968.06 for health insurance premiums. Respondent disallowed petitioners’ claimed employee benefit program expense deductions because respondent found petitioners failed to establish that the amounts were ordinary and necessary business expenses or that Mr. Speltz was a bona fide employee of the daycare. Respondent mailed petitioners a deficiency notice on February 23, 2004, and petitioners timely filed a petition. Discussion We are presented with two issues, the excludability of medical premiums and reimbursements from petitioners’ gross income and the deductibility of those same amounts from the daycare business income. Regarding the excludability issue, we must determine whether petitioners entered into a valid arrangement for the payment of health benefits under section 105(b) and whether Mr. Speltz was a bona fide employee of the daycare. Regarding the deductibility issue, we must determine whether the deduction amount was an ordinary and necessary business expense of the daycare.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011