TASC TO APPEAL RECENT COURT DECISION
MADISON, Wis. – TASC plans to appeal a recent judge’s decision against an AgriPlan Client. At
issue were expenses that were considered questionable. The judge ruled that insurance
premiums and out-of-pocket expenses were not deductible because the defendants could not prove that
the expenses were incurred by the employee. In sum, the judge determined that the
insurance premium and all out-of-pocket expenses must be in the name of the employee if they are to
qualify for reimbursement. This means that all bills, medical, dental, optical, etc., related
to any family member must be in the employee’s name.
TASC obviously disagrees with this ruling. Based on many years of serving tens of thousands of Section 105 Plan Clients, TASC holds that the judge failed to consider some very important language found within the Section 105 Proposed Regulations. According to attorney Reggie L. Wegner of Lichtsinn & Haensel, s.c., by holding that all medical expenses must be incurred by the employee, the Court has ignored critical language in the regulations. More specifically, Treasury Regulation § 1.105-2 expressly provides that payments for medical care made “ to or on behalf of the taxpayer’s spouse or dependants shall constitute indirect payment to the taxpayer.” The Court’s construction of Section 105 is in direct contradiction to this provision of the Regulations.
The Court’s decision contradicts the Regulations. By pointing this out TASC hopes the judge will reconsider the decision. As dictated by our exclusive Audit Guarantee, TASC will continue to support this Client throughout this entire process, including covering all costs incurred in regards to this case.
According to TASC Chief Executive Officer Dan Rashke this really sets TASC apart and differentiates our service from that of our competitors. “TASC is the only third party administrator of these types of Plans, Section 105 Medical Reimbursement Plans for the sole proprietor who offers a guarantee like this with the experience of actually exercising the guarantee. I have seen no other administrator who supports the Client in this fashion” says Rashke.
Based in Madison, Wisconsin, TASC’s services include AgriPlan, BizPlan, FlexSystem, MAPP,
COBRAToday, DirectPay, LEGACYguard, and RetirEez. TASC provides over 60,000 sole proprietors,
family farmers and small business owners nationwide with innovative, tax advantaged employee
benefit programs.
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