EBIA Weekly Archives - Cafeteria Plans - Court Cases

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Results (32 articles found)


  1. Employee Who Elected to Pay Disability Premiums With After-Tax Dollars Not Taxed on Disability Benefits Later Received
    From the September 06, 2001 EBIA Weekly
    Mr. Thomas received disability benefits under an insured plan sponsored by his employer. Although the employer sponsored a "premium conversion" (also called premium-only or premium payment) plan giving participants the opportunity to pay for insurance premiums with pre-tax ...
    [Thomas v. Comm'r, 2001 TNT 173-7 (2001)]
  2. Court Approves Settlement of Microsoft Perma-Temp Case
    From the May 17, 2001 EBIA Weekly
    In December 2000, Microsoft reached a settlement in the much-publicized case in which its temporary workers claimed that they were common-law employees entitled to benefits under Microsoft's 401(k) plan and Employee Stock Purchase Plan. (We reported ...
    [Hughes v. Microsoft Corp., Vizcaino v. Microsoft Corp., 2001 U.S. Dist. LEXIS 5976 (W.D. Wash. 2001)]
  3. Employer Pays $175,000 to Employee Whose Voluntary Cancer Policy Under Cafeteria Plan Lapsed for Failure to Pay Premium
    From the March 22, 2001 EBIA Weekly
    http://courts.state.ar.us/unpublished/2001a/20010221/ca00-672.html The employee in this case, Mrs. Dumontier, worked for Eureka Springs Hospital. As a benefit to its employees, the hospital provided a cancer insurance policy. Beginning in 1989, the ...
    [Dumontier v. Ray Lower & Assoc., 2001 Ark. App. LEXIS 80 (Ct. App. Ark. 2001)]
  4. Sole Proprietor's Business Deduction for Family Medical Plan Expenses Denied Where Spouse Not Bona Fide Employee
    From the March 08, 2001 EBIA Weekly
    Mr. Haeder was a sole proprietor attorney who practiced law in his home. He claimed several deductions on his tax return based on the assumption that his wife was an employee of the business. She answered the telephone, greeted visitors, ...
    [Haeder v. Comm'r of Internal Revenue, T.C. Memo 2001-7 (2001)]
  5. Expenses Not Covered by Medical Plan Where Services Were Custodial in Nature, Not Skilled Nursing Care
    From the February 15, 2001 EBIA Weekly
    Ms. Pawlowski moved into a nursing home because she suffered from Alzheimer's disease. She remained there until her death, after which the home billed the widower for $65,000 in costs. Mr. Pawlowski asked his wife's medical plan ...
    [Pawlowski v. Blue Cross and Blue Shield of Western New York, 2001 U.S. Dist. LEXIS 1129 (W.D.N.Y. 2001)]
  6. Microsoft Settles Its Perma-Temp Case for $97 Million and Concludes an Eight-Year Lesson on Using Temporary Workers and Drafting Plan Eligibility Language
    From the December 14, 2000 EBIA Weekly
    The complex history of this case began in 1992 when temporary workers for Microsoft filed a class action lawsuit, claiming that they were common law employees of Microsoft and that they were therefore eligible to participate in Microsoft's 401(...
    [Reported at The Seattle Times website, www.seattletimes.com (Dec. 13, 2000)]
  7. Court Approves $646,000 Deduction for Expenses of Custom Building a House to Accommodate Medical Condition
    From the December 07, 2000 EBIA Weekly
    This case involved a taxpayer's claim for deduction of medical expenses under Code Section 213. Mrs. Zipkin suffered from Multiple Chemical Sensitivity Syndrome. Upon the advice of her doctor, the taxpayer and her husband had a house built of ...
    [Zipkin v. U.S., 2000 TNT 232-10 (D. Minn. 2000)]
  8. Third Circuit Reverses Madison Decision on Flex Credit/Overtime Pay But Leaves Issue Unresolved
    From the November 30, 2000 EBIA Weekly
    The Third Circuit Court of Appeals has set aside the decision of the lower court in this case, which held that unrestricted (or "cashable") employer credits under a cafeteria plan must be included for purposes of determining overtime compensation under ...
    [Madison v. Resources for Human Dev. Inc., 2000 U.S. App. LEXIS 29644 (3d Cir. 2000)]
  9. Tax Court Provides Guidance on Whether Costs of Purchase and Adaptation of Vehicles for Disabled are Medical Expenses
    From the October 19, 2000 EBIA Weekly
    The parents of a handicapped child bought a van for the sole purpose of transporting him to and from hospitals, school and doctors' appointments. They paid an additional $4,400 to modify the van by adding an automatic wheelchair lift ...
    [Henderson v. Comm'r, T.C. Memo 2000-321 (2000)]
  10. A Lesson In Drafting: Court Orders Health FSA to Reimburse Expenses Paid But Not Incurred During the Plan Year
    From the August 31, 2000 EBIA Weekly
    In Grande v. Allison Engine Co., Inc., the participant had elected to set aside $528 in his health FSA account for the 1997 calendar plan year. In October 1997, his wife had a tooth replaced, resulting in $1,800 in ...
    [Grande v. Allison Engine Co., Inc., 2000 U.S. Dist. LEXIS 12220 (S.D. Ind. 2000)]

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