Don Laverne Clarke - Page 5




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          entitlement to an IRA deduction on the ground that income from              
          his investment activity constituted "compensation" within the               
          meaning of section 219.  This Court held that capital gain,                 
          dividends, and interest income did not constitute "compensation"            
          within the meaning of section 219.  On the issue of statutory               
          interpretation of the term "compensation", we stated:                       
                    Finally, petitioner contends that when Congress                   
               used the word "includes" in sections 219(c)(1) and                     
               401(c)(2)(C), it intended a broad interpretation of the                
               statutes rather than a restrictive one.  Apparently he                 
               is contending either that earned income is but one                     
               example of the many types of compensation covered by                   
               section 219(c)(1) or that the profits from his                         
               investments constitute "compensation" within the                       
               meaning of section 219 exclusive of section 219(c)(1).                 
               However, section 219(c)(1) was designed to include in                  
               the term "compensation" income earned by the                           
               self-employed individual, which, except for that                       
               provision, would be excluded from the definition of                    
               "compensation" under section 219.  See H. Rept. 93-779,                
               1974-3 C.B. 244, 369.  Thus, if the requirements of                    
               section 219(c)(1), which are in actuality the                          
               requirements of section 401(c)(2), are not satisfied,                  
               self-employment income will not be included in the term                
               compensation.  Similarly, section 401(c)(2)(C) was                     
               designed to include in the term "earned income"                        
               earnings generated by property created by the taxpayer,                
               e.g., the author or the inventor, which otherwise,                     
               depending upon the technical form of the transaction                   
               through which the income is earned, might have been                    
               excluded from that term.  See S. Rept. 1707, 89th                      
               Cong., 2d Sess. (1966), 1966-2 C.B. 1059, 1103. [Fn.                   
               refs. omitted.]                                                        
          Miller v. Commissioner, supra at 103-104.                                   
               Petitioner contends that Miller v. Commissioner, supra, is             
          not applicable because the year in issue in that case, 1977, was            
          different from the year in issue in his case.  However, the                 





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