An overview of the advantages and disadvantages of a cash balance plan.
Advertisement
TOPICS / TAX
Employee benefits
No Good Deed Goes Unpunished
A volunteer president of the board of directors of a nonprofit day care center was held personally liable for the day care’s payroll taxes and therefore was not entitled to a refund of the taxes he paid on behalf of the organization. The Seventh Circuit Court of Appeals rejected the
Twin Outcomes From Cap Gemini Deal
In two more of at least four similar cases, former Ernst & Young consulting partners were denied refunds of tax they paid on stock received from a merger with Cap Gemini that lost most of its value while in restricted accounts. In 2000, Cap Gemini agreed to purchase E&Y’s consulting
Not All Plans Abusive
The article in the September issue of the JofA by Lance Wallach, CLU, (“Abusive Insurance and Retirement Plans,” page 34) sounding the alarm against the use of 419(e) plans inaccurately analyzes an October 2007 revenue ruling and two IRS notices. Mr. Wallach accurately reports that Notice 2007-83 “identified certain trust
Health Accounts Illustrated
The IRS has provided guidance on a variety of issues pertaining to health savings accounts (HSAs). The 42 questions and answers of Notice 2008- 59 address such issues as eligibility for individuals with “limited purpose” coverage by a health flexible spending account (FSA) or health reimbursement arrangement (HRA). The guidance
AICPA To Webcast Seminars On NQDC, AMT
A Web seminar, “Nonqualified Deferred Compensation Under Section 409A: Implementation Roundtable,” will be held Oct. 2 from 2 to 4:30 p.m. ET. Tax, PFP and PCPS section members may participate free or may pay a discounted price of $74 and receive 21/2 hours of CPE credit (non-section members pay $99).
Worldcom Shareholder’s Loss Not Theft
Criminal conviction of corporate officers for misconduct is not enough to allow shareholders to claim a theft loss, the Tax Court ruled. In cases where a shareholder’s stock becomes worthless due to corporate theft, it would generally be advantageous to treat relatively small losses as capital losses (due to the
Abusive Insurance and Retirement Plans
EXECUTIVE SUMMARY Some of the listed transactions CPA tax practitioners are most likely to encounter are employee benefit insurance plans that the IRS has deemed abusive. Many of these plans have been sold by promoters in conjunction with life insurance companies. As long ago as 1984, with the addition of
Line Items
COURTS ON BOARD WITH CSX CASE At least one other court has ruled that supplemental unemployment compensation benefits (SUCBS or SUBs) paid by employers to laid-off employees are subject to FICA taxes, after the Federal Circuit so ruled in the long-running case CSX Corp. v. U.S., 101 AFTR2d 2008-1120 (see
FICA Holdings Overturned
The U.S. Court of Appeals for the Federal Circuit recently reviewed three prior decisions of the U.S. Court of Federal Claims involving railroad operator CSX Corp. and whether certain payments to laid-off employees were wages for purposes of FICA (for the lower court’s main ruling, see “Tax Matters: When Are
A Healthy Deduction for 2% Shareholders
in Notice 2008-1, the IRS has offered an opportunity for 2% shareholders of an S corporation to receive a deduction for health insurance premiums under IRC § 162(l). A 2% shareholder is defined in section 1372(b) as a person who owns directly or constructively under section 318 on any day of
Now’s the Time to Comply With NQDC Regs
In April 2007, the IRS issued final regulations under section 409A pertaining to nonqualified deferred compensation (NQDC) plans. The regulations represent a culmination of efforts to bring uniformity to a field that Congress perceived was too prone to abuse of income timing, especially by executives and other highly compensated individuals.
Pitt Falls in FICA Case
The Third Circuit Court of Appeals recently held that payments to tenured faculty and administrators at the University of Pittsburgh who relinquished tenure rights under an early-retirement plan were subject to FICA taxes. The ruling was contrary to an Eighth Circuit case with similar facts ( North Dakota State University
Identifying “Specified Employees”
The nonqualified deferred compensation (NQDC) rules may surprise employees who expect to receive distributions from their NQDC plans immediately after they terminate employment. Code § 409A contains strict rules NQDC plans must follow to avoid harsh consequences to the employee (that is, immediate taxation, 20% penalty, and
FICA for Medical Residents Splits Circuits
Medical residents in a teaching hospital might be eligible for a student exemption from FICA taxes, a circuit court ruled recently, adding to a split among circuits on the issue. The Eleventh Circuit vacated and remanded the decision of a Florida district court in United States v. Mount Sinai Medical
Pension Is Alimony
The Tax Court recently ruled that a taxpayer’s payments to an ex-spouse under the Uniform Services Former Spouse Protection Act (USFSPA) representing her share of his military retirement pay were deductible alimony payments. The court determined the payments satisfied the requirements of IRC § 71 even though they were listed
Pension Is Not Alimony
In a split decision, the Ninth Circuit Court of Appeals reversed the Tax Court to hold that a taxpayer could not deduct as alimony the half-interest in his vested pension benefits he paid his ex-wife under a California divorce decree. The decision may carry implications for how divorcing couples divide
QSub Is Employer
The IRS issued final regulations under which qualified subchapter S subsidiaries (QSubs) and other disregarded entities—rather than the entities’ owners—are responsible for reporting and paying employment taxes. The rules represent a change from temporary provisions of Notice 99-6, under which either the entities or their owners could be regarded as
Taxpayer Suffers One-Two Punch on Stock’s Decline
The Court of Appeals for the Seventh Circuit rejected a taxpayer’s argument that margin loan financing of nonstatutory employee stock options rendered her exercise of the options not a taxable transfer within the meaning of IRC section 83. Under section 83, non-cash compensation, such as shares of stock, is taxable
Cafeteria Plans Get Full-Menu Regs
The IRS updated, clarified and consolidated several previously issued proposed regulations concerning employee benefits under IRC section 125, better known as cafeteria plans. The new sections in REG-142695-05 clarify the definition of a cafeteria plan and guidance changes since the superseded regulations were published (the earliest in 1984) and include
Features
FROM THIS MONTH'S ISSUE
Tax season quick guide
Get ready for tax season with the JofA’s annual filing season quick guide, an easy-to-use compilation of dollar thresholds, tax tables, standard amounts, credits, and deductions. Download and print for quick reference this tax season.
From The Tax Adviser
December 31, 2025
Practical tax advice for businesses as a result of the OBBBA
November 30, 2025
Digital asset transactions: Broker reporting, amount realized, and basis
October 31, 2025
