- 23 - 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. * * * * * * *Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: March 27, 2008