Taylor Miller - Page 35




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          total contributions consists of $40,729 in contributions for the            
          plan year ending October 31, 1992, and a $50,365 contribution for           
          the plan year ending October 31, 1993.  Petitioner concedes, if             
          we should hold that she had earned income in 1992 in respect of             
          which she could make a deductible contribution to the TJM Pension           
          Plan, that the contribution deduction would be limited to a                 
          lesser amount as calculated under section 1.404(a)-14(c), Income            
          Tax Regs.                                                                   
               The TJM Pension Plan was not in effect for the 1991 tax year           
          because petitioner did not have a written plan and trust in                 
          existence in 1991.  The TJM Pension Plan continues to remain in             
          effect, although petitioner has not made any subsequent                     
          contributions to the trust under the plan.                                  
               A self-employed taxpayer may be entitled to deduct from                
          income her contributions to a qualified plan, provided that the             
          deduction does not exceed the earned income derived from the                
          taxpayer’s trade or business with respect to which the plan is              
          established.  See secs. 401(c), 404(a)(1), and (a)(8).  “Earned             
          income” is defined in section 401(c)(2)(A), which states in                 
          relevant part:  “The term ‘earned income’ means the net earnings            
          from self-employment (as defined in section 1402(a)), but such              
          net earnings shall be determined * * * only with respect to a               
          trade or business in which personal services of the taxpayer are            







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