- 4 - responsible for allocating its contributions among the participants’ accounts in proportion to their compensation.5 For years ending July 31, 1994, 1995, and 1996, the plan filed Forms 5500–C/R, Return/Report of Employee Benefit Plan, showing contributions of $2,250, $2,700, and $2,550, respectively. Similarly, for each of those years, petitioner deducted $2,250, $2,700, and $2,550, respectively, on Forms 1120, U.S. Corporation Income Tax Return, as payments to the plan on behalf of Mr. Van Roekel. As shown below, petitioner reported no deduction for salaries, wages, or officers’ compensation but deducted management fees paid to Mr. Van Roekel as an independent contractor: Pension, Other Tax year Compensation of Salaries and profit sharing, deductions1 ending officers wages etc., plans (management fees) 1994 –0– –0– $2,250 $15,000 1995 –0– –0– 2,700 218,000 1996 –0– –0– 2,550 15,000 1Petitioner claimed miscellaneous expenses as “Other deductions” on line 26 of Form 1120 and attached a schedule in which it separately stated each expense. 2Petitioner included this amount on line 27 of Form 1120 titled “Total deductions” and not on line 26. For calendar years 1994, 1995, and 1996, Mr. Van Roekel and his wife, Darlene, filed joint Federal income tax returns. He worked as petitioner’s farm manager on an independent contractor basis, and, as reflected below, reported the management fees that 5The ESOP defined compensation as “compensation paid by the Employer to the Participant during the taxable year ending with or within the Plan Year which is required to be reported as wages on the Participant’s Form W-2”.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011