- 12 - Dr. Sadanaga. Rather, the issue in this case is whether the distributions paid to Dr. Sadanaga are wages paid to Dr. Sadanaga as an employee of petitioner. Petitioner asserts that Durando v. United States, supra, holds that an S corporation shareholder is not an employee for purposes of deducting contributions to a Keogh plan.3 Petitioner misstates the holding of Durando v. United States. Contrary to petitioner’s assertion, the taxpayers in the Durando case did not claim to be employees of an S corporation. Rather, such taxpayers were self- employed individuals, who in that capacity earned income reportable on Schedule C, Profit (or Loss) From Business or Profession, and were shareholders in several S corporations. They claimed Keogh retirement plan deductions by adding their shares of income from the several S corporations to the amounts reported on their Schedules C and taking a deduction of 15 percent of the total. The Commissioner disallowed the deductions attributable to the income from the S corporations. The taxpayers’ Keogh plans were not qualified plans established by the S corporations for their employees. Citing section 1372, the court specifically noted that “S corporations can establish retirement plans for their employees, including those who are also shareholders” and that shareholders 3 Keogh plans are retirement plans for self-employed individuals. A self-employed individual can deduct contributions to a qualified retirement plan up to a limit of 15 percent of his or her earned income. Sec. 404(a)(3)(A), (8)(D).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011