Ralph E. Frahm & Erika C. Frahm - Page 27




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          premiums that she paid during that year for Mr. Frahm’s Wellmark            
          Secure Blue Select policy, and (3) during 2002 in order to                  
          reimburse her for the premiums that she paid during that year for           
          Mr. Frahm’s Wellmark Secure Blue Select policy and Mr. Frahm’s              
          long-term care policy.33  See sec. 105(b).  On that record, we              
          further find that the respective amounts that Mr. Frahm, as Ms.             
          Frahm’s employer, paid pursuant to the AgriPlan/AgriBiz medical             
          reimbursement plan directly to Ms. Frahm (1) during 2000 in order           
          to reimburse her for the premiums that she paid for Mr. Frahm’s             
          Wellmark Plan C policy, (2) during 2001 in order to reimburse her           
          for the premiums that she paid for Mr. Frahm’s Wellmark Secure              
          Blue Select policy, and (3) during 2002 in order to reimburse her           
          for the premiums that she paid for Mr. Frahm’s Wellmark Secure              
          Blue Select policy and Mr. Frahm’s long-term care policy consti-            
          tute ordinary and necessary business expenses of Mr. Frahm’s                
          farming business within the meaning of section 162(a).34  See               
          sec. 162(a)(1); sec. 1.162-10, Income Tax Regs.                             
               We next consider the premiums that Mr. Frahm, as Ms. Frahm’s           
          employer, paid during 2001 to American Fidelity Assurance Company           

               33The Court directs the parties to determine as part of the            
          computations under Rule 155 the respective amounts that Mr.                 
          Frahm, as Ms. Frahm’s employer, paid directly to Ms. Frahm during           
          2000 and 2001 in order to reimburse her for the premiums that she           
          paid during those respective years for Mr. Frahm’s Wellmark Plan            
          C policy and Mr. Frahm’s Wellmark Secure Blue Select policy.  See           
          supra notes 10 and 19.                                                      
               34See supra note 33.                                                   






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