- 8 - when the excess pension funds reverted to the corporation, Mr. Souris received the $171,476 reversion in his capacity as successor in interest of the corporation. Under the terms of the employment agreement between Mr. Souris and the P.C., the corporation, or Mr. Souris standing in its place as successor, was required to pass that $171,476 to himself as the employee- beneficiary. To understand the situation more fully, we must delve deeper into the morass resulting from Mr. Souris' 1981 employment agreement with his wholly owned corporation, the P.C. Pursuant to that agreement the P.C.'s earnings from the law partnership may be considered as separated in the P.C.'s hands into three parts payable in the aggregate to or for the benefit of Mr. Souris: (1) Compensation in a fixed amount, (2) bonus in the amount of whatever remains after (3) payments into the pension plan for Mr. Souris. But the amount payable into the pension plan was limited by section 404, and that limit was exceeded here by reason of excessive employer contributions to the plan due to what turned out to be faulty actuarial assumptions. Accordingly, to the extent that such amounts were excessive, the excess automatically increased the bonus payable to Mr. Souris as the employee under his 1981 agreement with his P.C. But, as noted above, it was first paid to him as successor in interest of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011