United States Sixth Circuit
SHERWIN-WILLIAMS CO. EMPLOYEE HEALTH PLAN TRUST v. COMM'R OF INTERNAL REVENUE, 01-1276
The limit contained in 26 U.S.C. section 512(a)(3)(E), on the amount of tax-exempt income an employee health plan trust can receive from its investments, applies only to those assets accumulated but not spent during the course of the year.
Appellate Information
- Argued 03/13/2003
- Decided 05/23/2003
- Published 05/23/2003
Judges
- Before MOORE and GIBBONS, Circuit Judges; COHN, Senior District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Robert K. Olson (argued and briefed), Michael T. Cummins (briefed), The Sherwin-Williams Company, Cleveland, OH, for Petitioner-Appellant.
- For Appellees:
- Stuart L. Brown, Internal Revenue Service Office of Chief Counsel, Washington, DC, Kenneth L. Greene (briefed), Annette Wietecha (argued and briefed), US. Dept. of Justice Appellate Section Tax Div., Washington, DC, for Respondent-Appellee.