- 13 - distributed to any distributee by any employees' trust described in section 401(a)". Respondent argues that petitioners cannot be proper distributees of the trusts since petitioners are independent contractors not employees. In respondent's view the trusts would violate the "exclusive benefit rule" provided for in section 401(a)(2) if they included nonemployees such as petitioners. While agreeing that the pension plan and corresponding trust were qualified6 for the years in issue and the plans are not parties to this action, respondent nevertheless argues that petitioners are not "qualified participants" in either plan. Respondent argues that petitioners should be taxed pursuant to section 83(a), which taxes property transferred to an employee or an independent contractor in connection with the performance of services. In his reply brief, for the first time, respondent contends that the economic benefit doctrine provides a legal basis for taxing petitioner. Respondent further argues that petitioners may not be independent contractors for income tax deduction purposes and employees for pension plan purposes. Respondent argues that petitioners' reliance on Butts v. Commissioner, supra, and Ware v. Commissioner, supra, is misplaced and that their reading of 6 Petitioners did not request such a finding of fact as to the profit sharing fund. Respondent, however, does refer to "the qualified plans at issue" on brief.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011