- 14 - section 401(c) as supporting dual classification is erroneous. Finally, respondent argues that the separation from service cases are irrelevant to the case at hand. 3. Analysis Allstate included Mrs. Lozon in their pension plan and the profit sharing fund because they considered her to be an employee.7 We held, supra, that petitioners' relationship to Allstate was that of an independent contractor and not that of an employee. Petitioners argue that Mrs. Lozon can, nevertheless, avoid current taxation on amounts vested in the pension plan because respondent agrees that the pension plan was qualified under section 401 and the trust was exempt under section 501(a). Respondent wants to remove the "bad apples" from Allstate's pension plan "barrel" without advocating that the plans themselves be disqualified. As respondent states on brief, "The qualified plans at issue defer the current receipt of income of employee Agents of Allstate, but cannot defer income of non- employee independent contractors." Respondent, however, does not suggest a statutory framework to remove the bad apples (the people who have been mistakenly included in the pension plan). Respondent determined that the contributions made on behalf of Mrs. Lozon should be income to her when vested. Petitioners 7 The contributions made to the pension plan on behalf of Mr. Lozon are not at issue because he was not vested during the years in issue. Mr. Lozon did not participate in the profit sharing fund.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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