- 5 - In addition, petitioner reported the following expenses under "Other Deductions": Year Item Amount 1987 Sec. 401(k) bonuses $30,000.00 1989 Commission expenses 75,000.00 1990 Bonuses 60,000.00 1991 Commissions 41,660.28 Bonuses 55,000.00 For the calendar years 1986 and 1987, Mr. Clendenen filed joint U.S. Individual Income Tax Returns. For 1988 through 1991, he filed his returns with a filing status of single.2 Mr. Clendenen's returns reflect the following: Wages, Business Year Salaries Income Type of Business 1986 $12,938 0 1987 30,000 0 1988 0 0 1989 0 $75,000 Insurance consulting 1990 0 60,000 Consultant 1991 0 55,000 Consultant For the plan year ending June 30, 1986, and his taxable year ending December 31, 1986, Mr. Clendenen treated $17,029.38 as an elective deferral of compensation into the ESOP. Discussion Section 401(a)(16) provides: A trust shall not constitute a qualified trust under this section if the plan of which such trust is a part 2 Mr. Clendenen was divorced on Jan. 11, 1988.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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