Veterinary Surgical Consultants, P.C. - Page 12




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          Dr. Sadanaga.  Rather, the issue in this case is  whether the               
          distributions paid to Dr. Sadanaga are wages paid to Dr. Sadanaga           
          as an employee of petitioner.                                               
               Petitioner asserts that Durando v. United States, supra, holds         
          that an S corporation shareholder is not an employee for purposes           
          of deducting contributions to a Keogh plan.3  Petitioner misstates          
          the holding of Durando v. United States.  Contrary to petitioner’s          
          assertion, the taxpayers in the Durando case did not claim to be            
          employees of an S corporation.  Rather, such taxpayers were self-           
          employed individuals, who in that capacity earned income reportable         
          on Schedule C, Profit (or Loss) From Business or Profession, and            
          were shareholders in several S corporations.  They claimed Keogh            
          retirement plan deductions by adding their shares of income from            
          the several S corporations to the amounts reported on their                 
          Schedules C and taking a deduction of 15 percent of the total.  The         
          Commissioner disallowed the deductions attributable to the income           
          from the S corporations.  The taxpayers’ Keogh plans were not               
          qualified plans established by the S corporations for their                 
          employees.  Citing section 1372, the court specifically noted that          
          “S corporations can establish retirement plans for their employees,         
          including those who are also shareholders” and that shareholders            


               3    Keogh plans are retirement plans for self-employed                
          individuals.  A self-employed individual can deduct contributions           
          to a qualified retirement plan up to a limit of 15 percent of his           
          or her earned income.  Sec. 404(a)(3)(A), (8)(D).                           





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