Gary H. and L. Marianne Bell - Page 8

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               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).                                      







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