EBIA Weekly Archives - Cafeteria Plans - Court Cases

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Results (35 articles found)


  1. Demutualization Proceeds Are Plan Assets Available to Benefit All Plan Participants
    From the January 11, 2007 EBIA Weekly
    This case involved an ERISA welfare plan maintained by an employee organization, providing various benefits including life insurance. After the plan’s life insurance company demutualized (i.e., converted from a mutual life insurance company to a stock life ...
    [Stewart v. Nat'l Educ. Ass'n, 2006 U.S. App. LEXIS 30830 (D.C. Cir. 2006)]
  2. Employers and Employees Caught Up in Fraudulent Health Care Reimbursement Scheme
    From the December 21, 2006 EBIA Weekly
    In 2004, the Department of Justice (DOJ) filed this suit against two individuals and their businesses, alleging that employee benefit programs marketed by the individuals were fraudulent. (See our article at http://www.ebia.com/WeeklyArchives/CafeteriaPlans/CourtCases/16610 (Premium ...
    [U.S. v. Zanfei, No. 04-CV-2703 (N.D. Ill. 9/29/06 and 2/5/06); DOJ News Release No. 06-842 (Dec. 15, 2006)]
  3. Plan-Imposed Statute of Limitations Period Enforced Even Though TPA Didn't Disclose It to Participant
    From the September 21, 2006 EBIA Weekly
    The participant in this case applied for short-term disability (STD) and long-term disability (LTD) benefits under her employer’s self-funded STD and LTD plans, which were offered under the employer’s cafeteria plans. The third-...
    [Dye v. Assoc. First Capital Corp. Cafeteria Plan, 2006 U.S. Dist. LEXIS 64561 (E.D. Tex. 2006)]
  4. Tax Court Allows Income Exclusion and Deduction for Medical Expenses of Sole Proprietor's Employee-Spouse
    From the February 16, 2006 EBIA Weekly
    With the help of a tax advisor, a sole proprietor who operated a day-care business in her home established an employer-provided accident and health plan. Acting as the employer, she signed an employment contract and a salary redirection ...
    [Speltz v. Comm’r, T.C. Summ. Op. 2006-25 (2006)]
  5. Individual Sickness Coverage Was an ERISA Plan; State-Law Claims Against Insurer Were Preempted
    From the June 30, 2005 EBIA Weekly
    Two employees who had purchased sickness coverage under a program offered at their workplace sued the insurer under state law when it denied their claims. The insurer contended that the sickness coverage was an employee welfare benefit plan under ERISA ...
    [Casselman v. American Family Life Assurance Co. of America, 2005 U.S. App. LEXIS 12649 (4th Cir. 2005)]
  6. Tax Court Holds That Sight-Disabled Individual's Commuting Costs Are Not Code Section 213 Medical Expenses
    From the May 27, 2004 EBIA Weekly
    In this case, a sight-disabled individual's spouse drove him to and from his job each workday. The tax court was asked to decide whether a portion of these commuting costs could be deducted as a medical expense under ...
    [Alderman v. Commissioner, T.C. Summary Opinion 2004-74 (2004)]
  7. DOJ Sues Promoters of Schemes to Report Lower Employment Taxes by Disguising Wages as Health Care Reimbursements
    From the April 29, 2004 EBIA Weekly
    The Department of Justice (DOJ) has filed suit against two individuals and their businesses in an effort to stop them from selling allegedly fraudulent employee benefit schemes to employers. The DOJ claims that the schemes caused employers (who were customers ...
    [U.S. v. Zanfei, Civ. No. 04-CV-2703 (N.D. Ill. filed Apr. 15, 2004); DOJ News Release No. 04-239 (April 15, 2004)]
  8. Tax Court Considers Whether Certain Retirement Home Expenses Constitute Medical Care Under Code Sec. 213
    From the February 26, 2004 EBIA Weekly
    In this case, the taxpayers paid monthly service fees to live in an independent living unit at a retirement center. As part of a lifetime care residence agreement, the taxpayers could take advantage of several amenities, including certain medical services (...
    [Baker v. Comm'r, 2004 U.S. Tax Ct. LEXIS 8 (T.C. 2004)]
  9. Trial Court Considers Effect of Employer's Flexible Benefit Plan on DOL Safe Harbor for Voluntary Plans
    From the June 12, 2003 EBIA Weekly
    The issue in this case was whether a disability insurance policy was exempt from ERISA, permitting an employee to bring state-law claims against the insurer for breach of contract and bad faith denial of coverage. The employee claimed that ...
    [Murdock v. UNUM Provident Corp., 2002 U.S. Dist. LEXIS 26393 (W.D. Pa. 2002)]
  10. Tax Court Provides Guidance on Whether a Laundry List of Expenditures Are Deductible Medical Expenses
    From the October 10, 2002 EBIA Weekly
    In this case, the Tax Court decided whether various taxpayer expenses qualified as deductible medical expenses. (Code Section 213 permits a deduction for medical care expenses, defined as amounts paid "for the diagnosis, cure, mitigation, treatment, or prevention of disease, ...
    [Emanuel v. Comm'r, T.C. Summary Opinion 2002-127 (Tax Ct. 2002)]

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