- 35 - 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 arePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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