-8- established a SEP for petitioner’s benefit, as required by section 408(k). Even, however, were we to assume that there was an employer-established SEP for petitioner’s benefit, petitioners have failed to show that Westech or any other employer of petitioner made the required qualifying contribution to such a SEP. Indeed, the record indicates that the $11,250 deposit was made by petitioner, and not by Westech or another employer of petitioner. Further, the record does not enable us to trace the source of the $11,250 deposit to the $62,500 or any other employment payment petitioner received from Westech.3 See sec. 408(l). And finally, the Forms W-2 attached to petitioners’ 1989 Form 1040 fail to reflect any amount contributed by Westech to a SEP on petitioner’s behalf. Petitioners allege that not only was petitioner employed as president of Cal-American during the first quarter of 1989, but also for the remainder of 1989 he was self-employed as an insurance consultant. As noted previously, self-employed individuals or sole proprietors are treated as their own employers under a SEP plan. See secs. 401(c)(4), 408(k)(7). However, petitioners have failed to prove that petitioner was self-employed at any time during 1989. Indeed, the record supports a contrary conclusion. 3 A letter from Bancsure to petitioner dated Mar. 31, 1989, refers to a total severance payment of $61,812.50, of which $6,812.50 represented expense reimbursement and pension payments. The letter makes no allocation of the $6,812.50 as between expense reimbursement and pension payments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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