- 6 - Section 415(c) limits the annual addition to a participant’s account to the lesser of a specific dollar amount or 25 percent of the participant’s compensation. “Annual addition” is defined as the sum for any year of employer contributions, employee contributions, and forfeitures, sec. 415(c)(2), and “participant’s compensation” is simply “the compensation of the participant from the employer for the year,” sec. 415(c)(3)(A). The parties disagree as to what is “participant’s compensation” under section 415. Respondent contends that petitioner’s allocations to Mr. Van Roekel’s account for fiscal 1994, 1995, and 1996 exceeded the section 415(c) limits because Mr. Van Roekel received no compensation for those years. Petitioner maintains that it did not violate section 415 because “participant’s compensation” includes the management fees that it paid Mr. Van Roekel as an independent contractor. During fiscal 1994 through 1996, petitioner paid no salaries, wages, or officers’ compensation. Consequently, Mr. Van Roekel received no compensation for his services as either an officer or an employee. Instead, petitioner and Mr. Van Roekel arranged that the latter would be paid as an independent contractor for his work in managing the farm.6 Consistent with that arrangement, petitioner deducted the management fees as 6Petitioner does not challenge Mr. Van Roekel’s status as an independent contractor.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011