Ralph E. Frahm & Erika C. Frahm - Page 23




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               It is respondent’s position that the insurance premiums that           
          remain at issue are personal expenses and therefore are not                 
          deductible as ordinary and necessary business expenses under                
          section 162(a).  In support of respondent’s position, respondent            
          argues:                                                                     
               Employee Benefit Plan expenses claimed on the Schedule                 
               F are deductible as ordinary and necessary expenses                    
               paid pursuant to an employee benefit plan if the medi-                 
               cal and insurance expenses are attributable to the                     
               employee.                                                              
                  *       *       *       *       *       *       *                   
                    Respondent does not dispute the existence of an                   
               agreement between Ralph Frahm, as employer, and Erika                  
               Frahm, as employee, that provided that the employer                    
               would provide health insurance benefits to the em-                     
               ployee.  Respondent does not dispute that Erika Frahm                  
               was an employee of Ralph Frahm.  Respondent does not                   
               dispute that Erika Frahm worked sufficient hours at a                  
               sufficient wage rate to qualify for health insurance                   
               benefits.  Respondent does dispute that the actual                     
               health insurance policy purchased by petitioners, in                   
               Ralph Frahm’s name, which provided coverage for Erika                  
               Frahm, was an ordinary and necessary business expense.                 
                    * * * Petitioners’ expenses bore no relation to                   
               Ralph Frahm’s farming business.  His only employee                     
               received the health benefits giving rise to the dis-                   
               puted expenses by virtue of her marital relationship                   
               with Ralph Frahm, and not by virtue of the employment                  
               relationship.                                                          
                    * * * The family relationship - not the employment                
               relationship - was the means by which the health insur-                
               ance coverage reached Erika Frahm.  Erika Frahm would                  
               not have received the benefit of health insurance                      
               coverage under the policy purchased if she had not been                
               Ralph Frahm’s wife.  But, she would have received the                  
               benefit as his wife regardless of whether she was Ralph                
               Frahm’s employee.                                                      
                  *       *       *       *       *       *       *                   






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