- 3 - We hold that the commissions paid to Robert and Charlene Peers as independent contractors are not includable in "participant's compensation" for purposes of the section 415 limitations. Furthermore, we hold that the elective salary deferrals are employer contributions and as such are not included in "participant's compensation" for section 415 limitation purposes. Consequently, we hold that the ESOP failed to meet the requirements of section 401(a) for the plan years beginning after July 31, 1986, and that the related trust is not a qualified trust under section 401(a) for the plan years beginning after July 31, 1986. Background Petitioner is an Iowa corporation with its principal place of business located in Des Moines, Iowa, at the time of the filing of the petition in this case. It filed its Federal tax returns for the years in issue with the Internal Revenue Service Center in Kansas City, Missouri. Petitioner maintains its tax records on the accrual method of accounting with a fiscal year ending July 31 as its taxable year. 2(...continued) (a) General Rule.--except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed * * * and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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