- 18 - 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...)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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