- 10 - We note that petitioner included only one-half of the elective deferrals in "Annual Additions" for the year ended July 31, 1987, since petitioner asserts the elective deferrals are employee contributions and not employer contributions. We also note that petitioner computed the section 415 limit for the year ended July 31, 1988, based only on the commissions ($68,000 � 25 percent). For the year ended July 31, 1987, however, petitioner based the section 415 limit on both the commissions and elective deferrals ($90,000 � 25 percent). Respondent contends that the commissions petitioner paid to Robert and Charlene Peers did not constitute "participant's compensation" for purposes of section 415. Furthermore, respondent asserts that elective salary deferrals constitute employer, not employee, contributions and thus, cannot be included in "participant's compensation" for purposes of calculating section 415 limitations. Consequently, respondent contends that the limits of section 415(c)(1) were exceeded, and the ESOP and trust were not qualified during the years at issue.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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