- 14 - Section 415(c)(3)(A) defines "participant's compensation" as "the compensation of the participant from the employer for the year." Petitioner argues that Robert and Charlene Peers' respective compensation was their earned income as self-employed persons. In advancing its argument that the self-employment income, which Robert and Charlene Peers reported on their Schedule C, constitutes "participant's compensation" for purposes of determining the section 415 limitations of the ESOP, petitioner cites a portion of a pre-ERISA regulation in the following manner: Treatment of a self-employed individual as an employee. (1) For purposes of section 401, a self-employed individual who receives earned income from an employer during a taxable year of such employer beginning after December 31, 1962, shall be considered an employee of such employer for such taxable year. * * * [Sec. 1.401-10(b)(1), Income Tax Regs.] Petitioner is correct that for a self-employed individual "participant's compensation" is the participant's earned income. See sec. 415(c)(3)(B). What petitioner fails to recognize is that a sole proprietor is considered to be his own employer. See Howard E. Clendenen, Inc. v. Commissioner, T.C. Memo. 1998-318. Section 401(c)(4) provides that "An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer." Furthermore, the definition ofPage: 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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