- 6 -
Respondent and the corporation signed the corporation’s
stipulation to be bound, and respondent and Mr. Clendenen signed
Mr. Clendenen’s stipulation to be bound.
On September 3, 1998, the Court published its opinion,
Howard E. Clendenen, Inc. v. Commissioner, T.C. Memo. 1998-318
(docket No. 18155-96R) (the declaratory judgment), affd. 207 F.3d
1071 (8th Cir. 2000). We held that the trust was not a qualified
trust under section 401(a) beginning with the plan year 1986
because the annual additions exceeded the limitations of section
415(c) when we found that the elective deferrals were employer
contributions and that those amounts and the amounts paid by the
corporation to Mr. Clendenen as an independent contractor were
not includable in compensation under section 415. We stated:
the annual additions allocated to Mr. Clendenen during each
of the plan years 1986, 1987, 1989, 1990, and 1991, exceed
the section 415 limits. Petitioner has not argued or
established that any corrective measures were taken to
reduce these additions. See sec. 1.415-6(b)(6), Income Tax
Regs.
The Court of Appeals for the Eighth Circuit affirmed our opinion.
Howard E. Clendenen, Inc. v. Commissioner, 207 F.3d 1071 (8th
Cir. 2000), affg. T.C. Memo. 1998-318.
On March 5, 2002, respondent filed a motion for entry of
decision in each of these cases, moving that the Court enter a
decision pursuant to the stipulations filed by the parties.2
2 Respondent did not file a motion for entry of decision in
(continued...)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011