Richard Walter Drake - Page 11

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          application of section 469.  Sec. 219(g)(3).  An "active                    
          participant" is defined to include an individual who is an                  
          "active participant" in any of certain specified plans.  Sec.               
          219(g)(5).                                                                  
               Petitioner did not raise the issue of whether the Delta                
          pension plan is of the type listed in section 219(g)(5).                    
          Therefore, we find that petitioner has conceded that the plan is            
          among those so listed.  However, petitioner contends that he was            
          not an active participant in Delta's pension plan.  He therefore            
          argues that he is entitled to a deduction for a $2,000 IRA                  
          contribution.                                                               
               Respondent contends that petitioner was an active                      
          participant in Delta's plan.  Respondent apparently concedes that           
          petitioner made a $2,000 contribution to an IRA for the year in             
          issue.  Respondent argues that petitioner is prohibited from                
          deducting any amount contributed to an IRA during the year in               
          issue.  Respondent relies on section 1.219-1(b)(2), Income Tax              
          Regs.                                                                       
               Petitioner testified that he was not a participant in                  
          Delta's pension plan during the year in issue.  The only other              
          evidence in the record is the Form W-2 issued by Delta indicating           
          that petitioner was a participant in its pension plan.  Based on            
          the scant evidence in the record, we find that petitioner has               








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