- 5 - 457(b). An eligible employer is “a State, political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State”. Sec. 457(e)(1)(A). Initially we note that while it may be arguable that the vacation and/or sick leave could be considered a deferred compensation plan, section 457 would only defer the income to “the taxable year in which such compensation or other income is paid”. Sec. 457(a). Petitioner received the payment in 1999, the year before the Court. But that is not the only problem with petitioner’s section 457 argument. Section 457(e)(11) provides that “Any bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plan” is not a plan that provides for the deferral of compensation. Sec. 457(e)(11)(A)(i).6 Although the County of Los Angeles is an eligible employer under section 457, the compensation petitioner received for unused sick and vacation leave fits squarely within the exemption of section 457(e)(11). As a result, petitioner’s compensation for unused vacation and sick leave is not a deferred compensation plan, and section 457 cannot apply. Therefore, we 6 Respondent issued Notice 88-8, 1988-1 C.B. 477, and Notice 88-68, 1988-1 C.B. 556, which Congress later codified in sec. 457(e)(11) by the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 6064(a), 102 Stat. 3700.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011