Van Roekel Farms, Inc. - Page 6




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               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.                                                     





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