Roblene, Inc. - Page 18




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          and regulations.  We reach the same conclusion herein and hold              
          that the elective deferrals are employer contributions and not              
          included in "participant's compensation".  Since the elective               
          deferrals are employer contributions, the full amounts of the               
          elective deferrals are included in annual additions.9  See sec.             
          415(c)(2).                                                                  
          III. Conclusion                                                             
               We now determine whether the annual additions on behalf of             
          Robert and Charlene Peers exceed the section 415(c) limitations.            
          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 are not included in "participant's               
          compensation" for section 415 limitation purposes.  The record is           
          not clear as to the exact amounts of salaries and wages paid to             
          Robert and Charlene Peers for the year ended July 31, 1987.10  We           


               9For the year ended July 31, 1987, no more than one-half of            
          the employee contribution would have been included.  See sec.               
          415(c)(2)(B); supra note 4.                                                 
               10The amount deducted by petitioner for "Salaries and wages"           
          ($801.01) for the taxable year ending July 31, 1987, does not               
          match that reported by Robert and Charlene Peers as "Wages,                 
          Salaries, tips, etc." ($0) on their joint individual income tax             
          returns for their taxable year ending Dec. 31, 1987.  While this            
          could be due to the different tax years involved (year ending               
          July 31 versus Dec. 31), respondent, in the revocation letter and           
                                                             (continued...)           




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