Legal Opinion

Sherwin Williams Co. Employee Health Plan Trust v. Commissioner of Internal Revenue

Court of Appeals for the Sixth Circuit

Decided May 23, 2003No. 01-1276PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MOORE, Circuit Judge.

Sherwin-Williams Co. Employee Health Plan Trust (“Trust”) is a voluntary employees’ beneficiary association under 26 U.S.C. § 501(c)(9). As such, much of its income is tax-exempt, although 26 U.S.C. § 512(a)(3)(E) imposes limits on the amount of tax-exempt income the Trust can receive from its investments. This case requires us to determine whether investment income that a voluntary employees’ beneficiary association has spent on reasonable costs of administration during a year counts against the § 512(a)(3)(E) limit. The Tax Court found against the Trust and ruled…

2Cases cited5 opinions

  1. General Signal Corp. v. CommissionerUnited States Tax Court · 1994
  2. Jeanne Greene Snowa v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1997
  3. Phi Delta Theta Fraternity v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1990
  4. Leonard Charles Ekman Kaye Layne Ekman v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1999
  5. Sherwin-Williams Co. Employee Health Plan Trust v. CommissionerUnited States Tax Court · 2000

3Cited by6 opinions

  1. Olmos v. HolderCourt of Appeals for the Tenth Circuit · 2015
  2. CNG Transmission Management Veba v. United StatesUnited States Court of Federal Claims · 2008
  3. Cng Transmission Management Veba v. United StatesCourt of Appeals for the Federal Circuit · 2009
  4. Lapham Foundation, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 2004
  5. Northrop Corp. Employee Insurance Benefit Plans Master Trust v. United StatesUnited States Court of Federal Claims · 2011

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