Richard C. and Mary Jo Runyan - Page 6

                                        - 5 -                                         

               In this case, the claimed contribution was in connection               
          with petitioner’s self-employed activity.  Thus, the last day of            
          the business year for that activity was December 31, 2001.                  
          Petitioners, therefore, were required to make their SIMPLE                  
          contribution on or before January 31, 2002.  The evidence                   
          presented by petitioners at trial, which came from Northwestern             
          Mutual Life Insurance Co., the trustee for the trust, shows that            
          the $6,788 payment by petitioners was received on April 25, 2002,           
          and “Payment Processed on 04/26/2002”.  That payment, which                 
          includes the $5,221 at issue, was not a timely contribution for             
          the year 2001 as a SIMPLE IRA contribution.  Respondent,                    
          therefore, is sustained.                                                    
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                             Decision will be entered                 
                                        for respondent.                               
















Page:  Previous  1  2  3  4  5  6  

Last modified: May 25, 2011