Taylor Miller - Page 30




                                       - 30 -                                         

          proceeds of settlement of her claim in the State Farm class                 
          action lawsuit must be included in her 1992 gross income.  We are           
          therefore faced with petitioner’s alternative arguments that she            
          is entitled to a substantial deduction in arriving at her 1992              
          taxable income for her contributions to the TJM pension plan and            
          that her attorney’s fees are an above-the-line Schedule C                   
          deduction rather than an itemized deduction subject to the 2-               
          percent floor of section 67.  These two arguments have a common             
          thread, that petitioner should be allowed to treat her settlement           
          recovery as if it were earnings from rendering services as an               
          independent contractor insurance agent for State Farm.                      
               a. Deduction Disallowed for Private Pension Plan                       
               Contributions                                                          
               On October 30, 1992, petitioner adopted the Taylor J. Miller           
          Defined Benefit Pension Plan (TJM Pension Plan).                            
               According to the adoption agreement, petitioner adopted and            
          sponsored the TJM Pension Plan as a sole proprietorship in her              
          own name.  Petitioner did not operate a sole proprietorship                 
          during 1992 or 1993.                                                        
               The Adoption Agreement for the TJM Pension Plan selected               
          November 1, 1991, as the effective date and defined the term                
          "plan year" as the fiscal period ending on October 31 of each               
          calendar year.                                                              








Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011