WELLONS v. C.I.R.

Nos. 93-2991, 93-2992.

31 F.3d 569 (1994)

Harry A. WELLONS, Jr., M.D., S.C., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1994.


Attorney(s) appearing for the Case

David J. Duez (argued), Roger W. Wenthe, McDermott, Will & Emery, Chicago, IL, for appellant.

David L. Jordan, I.R.S., Gary R. Allen, Kenneth L. Greene, Thomas J. Clark (argued), Dept. of Justice, Tax Div., Appellate Section, Washington, DC, James S. Stanis, Chicago, IL, for appellee.

Before CUDAHY and COFFEY, Circuit Judges, and NORGLE, District Judge.


CUDAHY, Circuit Judge.

Cardiovascular surgeon Dr. Harry A. Wellons, Jr. set up a severance pay plan for his employees in 1983. Dr. Wellons contributed $194,000 to the trust for the plan in 1984 and again in 1985, and deducted these amounts from his income taxes as a business expense under 29 U.S.C. § 162. The IRS disallowed the deductions on the grounds that the payments were made to a deferred compensation plan within the meaning of 26 U.S.C. § 404(a) and...

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