- 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
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