EBIA Weekly Archives - Cafeteria Plans - Court Cases

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Results (35 articles found)


  1. Children of Separated Parents Not Dependents of Father Who Didn't Have Custody
    From the February 14, 2002 EBIA Weekly
    Mr. Jeter, who was legally separated from his wife, claimed dependency exemption deductions for their two children during the period of separation. On school mornings, the mother took the children to their dad's home, which was near her apartment. ...
    [Jeter v. Comm'r, No. 01-2145 (4th Cir. 2002)]
  2. Surgeries to Remove Loose Skin After Massive Weight Loss Found to Be a Medical Expense Under Code Section 213
    From the December 20, 2001 EBIA Weekly
    Ms. Al-Murshidi lost over 100 pounds, leaving a large skin mass that spanned the width of her abdomen and spilled over onto her upper thighs. The mass was prone to infections and pain, and it prevented her from comfortably ...
    [Al-Murshidi v. Comm'r, T.C. Summary Opinion 2001-185 (T.C. 2001)]
  3. Expenses Incurred for Grandmother's Travel to U.S. and for Her U.S. Stay Do Not Qualify for Dependent Care Tax Credit
    From the October 18, 2001 EBIA Weekly
    In this tax court case, a married couple claimed a Code Section 21 child care credit for expenses they allegedly incurred for the care of their children. For two consecutive years, the couple had filed tax returns claiming a credit ...
    [Singh v. Comm'r, 2001 TNT 197-8 (T.C. 2001)]
  4. 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)]
  5. 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)]
  6. 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)]
  7. 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)]
  8. 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)]
  9. 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)]
  10. 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)]

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