- 7 - Section 401(c)(2), which is referred to in section 219 and section 1.219-1(c)(1), Income Tax Regs., is an elaboration of the term “earned income” as it applies to net earnings from self- employment. Petitioners were not engaged in a trade or business in 2002; they filed no Schedule C with their income tax return; and they had no net earnings from self-employment in that year. Accordingly, we conclude that the amount of $4,800 petitioner received in 2002 as distributions from his TSP account was not compensation or earned income as defined in section 219(f)(1) and section 1.219-1(c)(1), Income Tax Regs. In view of the broad definition of compensation set forth in the statute and regulations, it would be superfluous if we interpreted “compensation” as petitioner requested. See Clarke v. Commissioner, T.C. Memo. 1999-199 (holding that an IRA distribution received by the taxpayer was not includable in his compensation because it did not constitute wages, salaries, professional fees, or other amounts derived from personal services actually rendered, but included amounts derived from earnings from property); cf. Miller v. Commissioner, 77 T.C. 97, 100-102 (1981); King v. Commissioner, T.C. Memo. 1996-231; Estate of Hall v. Commissioner, T.C. Memo. 1979-342. Therefore, we hold that the maximum amount of petitioners’ IRA deduction for 2002 is zero pursuant to section 219(b)(1)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011