- 39 - Income Tax Undermines Civil Rights Law”, Tax Notes 1643 (Sept. 25, 2000). Unfortunately for petitioner, the governing statutory language does not allow us to disregard its plain meaning. The problem with petitioner’s arguments and authorities is that they derive no support from and indeed are contradicted by the statutory and regulatory language as construed by the Tax Court. Section 1.401-10(c)(1), Income Tax Regs., interprets “earned income,” as used in section 401(c)(2)(A), quoted supra p. 35, and section 1402(a). The regulation provides that an individual who renders no personal services has no “earned income” even though such an individual may have net earnings from self-employment from a trade or business. Earned income includes professional fees and other amounts received as compensation for personal services “actually rendered” by the individual. Id. Accordingly, if a self-employed taxpayer has not rendered personal services in the trade or business for which a plan is established, then the taxpayer has no earned income and is not entitled to deduct contributions to the plan. See S. Rept. 992, 87th Cong., 1st Sess. 12 (1961), 1962-3 C.B. 303, 314 (“the measuring rod for deductible contributions for self-employed * * * [taxpayers] is ‘earned income’ * * *. This means that contributions by or for a proprietor or partner may be made underPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011