- 7 - (B) the lesser of-- (i) the amount of the employee contributions in excess of 6 percent of his compensation, or (ii) one-half of the employee contributions,[4] and (C) forfeitures. The dispute in this case focuses on the amount of the contributions to the trust allocated to Mr. Clendenen. The parties disagree as to what constitutes participant compensation and as to whether elective deferral amounts constitute employee or employer contributions. It is petitioner's position that the amounts of elective deferrals are employee contributions and should be included in "participant's compensation". Petitioner also asserts that "participant's compensation" includes amounts petitioner paid as commissions and bonuses to Mr. Clendenen as an independent contractor. As a consequence, petitioner maintains that the limitations of section 415(c)(1) have not been exceeded with the result that the plan and trust were qualified during the years at issue. Respondent asserts that the amounts of elective deferrals constitute employer, not employee, contributions and that these amounts and the commissions and bonuses do not constitute 4 Sec. 415(c)(2)(B) was amended by the Tax Reform Act of 1986, Pub. L. 99-514, sec. 1106(e)(1), 1106(i), 100 Stat. 2424, 2425, for the years beginning after Dec. 31, 1986, to include the entire employee contribution in the computation of the annual addition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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