- 38 - they can provide for highly compensated individuals, such as physicians and lawyers,6 with petitioner’s reminder that the Court has more recently recognized that highly compensated self- employed individuals are entitled to use such plans, including properly structured defined benefit plans, to shelter their earned income and provide for retirement within the limits established by Congress. See Vinson & Elkins v. Commissioner, 99 T.C. 9 (1992). Petitioner couples her reminder with the argument that, as a victim of invidious discrimination that prevented her from achieving an independent contractor relationship in the insurance industry, she should be allowed to treat her compensatory recovery as self-employment income and thereby shelter a portion of the recovery by making deductible contributions to her qualified plan. Cf. Sager & Cohen, “How the 6 See Staff of the Joint Comm. on Taxation, General Explanation of the Revenue Provisions of the Tax Equity and Fiscal Responsibility Act of 1982, at 301-308 (J. Comm. Print 1982), setting forth the various restrictions in prior statutory law on qualified plans for the self-employed. See also Bittker & Lokken, Federal Taxation of Income, Estates and Gifts S90-4-S90-5 (Cum. Supp. No. 2, 2000) for a brief summary, with citations to relevant authorities, of the Commissioner’s efforts to limit the use by the erstwhile self-employed of professional corporations as vehicles to obtain the tax benefits of qualified pension and profit-sharing plans.Page: 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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