- 15 - At the core of petitioners’ position that the $8,216 for “Employee benefit programs” claimed in petitioners’ Schedule F is deductible under section 162(a) are petitioners’ contentions that: (1) “The payment of medical expenses and insurance premiums were made on behalf [of] Peggy Albers, a bona fide employee of Darwin Albers’s farm business, pursu- ant to a valid I.R.C. § 105(b) health plan [AgriPlan/ AgriBiz medical reimbursement plan]; therefore, Peti- tioners are entitled to deduct the reimbursements as an employee benefits program expense on their Schedule F”; (2) the claimed $3,586 of health insurance premiums “were paid directly on behalf of Peggy Albers, an employee, to reimburse her for the medical expense incurred by her spouse pursuant to the I.R.C. § 105(b) plan [AgriPlan/AgriBiz medical reimbursement plan]”; (3) “Peggy Albers requested that her employer pay for these out-of-pocket medical expenses [the claimed $4,630 of medical and dental expenses] * * * and the expenses were in turn paid directly by the employer, Darwin Albers”; and (4) “There is no provision in I.R.C. § 105 or the plan provided by Darwin Albers [the AgriPlan/AgriBiz medical reimbursement plan] that prohibits the employer from paying the medical expense directly to the provider rather than reimbursing the employee. In fact, I.R.C. § 105(b) explicitly provides that expenses can be paid, ‘directly or indirectly,’ to the employee to reimburse the employee for expenses incurred by her, her spouse or dependents for medical care.” 14(...continued) The legislative history under sec. 162(l) establishes that that statute was enacted “to reduce the disparity between the tax treatment of owners of incorporated and unincorporated busi- nesses.” S. Rept. 104-16, at 11 (1995); see also H. Rept. 104- 32, at 7-8 (1995).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007