Roblene, Inc. - Page 10




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          We note that petitioner included only one-half of the elective              
          deferrals in "Annual Additions" for the year ended July 31, 1987,           
          since petitioner asserts the elective deferrals are employee                
          contributions and not employer contributions.  We also note that            
          petitioner computed the section 415 limit for the year ended July           
          31, 1988, based only on the commissions ($68,000 � 25 percent).             
          For the year ended July 31, 1987, however, petitioner based the             
          section 415 limit on both the commissions and elective deferrals            
          ($90,000 � 25 percent).                                                     
               Respondent contends that the commissions petitioner paid to            
          Robert and Charlene Peers did not constitute "participant's                 
          compensation" for purposes of section 415.  Furthermore,                    
          respondent asserts that elective salary deferrals constitute                
          employer, not employee, contributions and thus, cannot be                   
          included in "participant's compensation" for purposes of                    
          calculating section 415 limitations.  Consequently, respondent              
          contends that the limits of section 415(c)(1) were exceeded, and            
          the ESOP and trust were not qualified during the years at issue.            
















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