Milagros Z. Gueco - Page 5




                                        - 4 -                                         
          participant in 1998, she is not entitled to deduct a contribution           
          to an IRA.                                                                  
               An active participant is defined by section 219(g)(5) to               
          include an individual who is an active participant in a plan                
          described in section 401(a).  Sec. 219(g)(5)(A)(i).  Elaborating            
          upon this circular definition, the regulations provide that an              
          individual is an active participant in a profit-sharing plan if,            
          during the taxable year, (1) a forfeiture is allocated to her               
          account, (2) an employer contribution is added to her account, or           
          (3) a mandatory or voluntary contribution is made by the                    
          individual to her account.  Sec. 1.219-2(d)(1) and (e), Income              
          Tax Regs.  Petitioner admits that during the first 5 months of              
          1998 she was covered by the pension plan offered by her employer.           
          Furthermore, the Form W-2, Wage and Tax Statement, issued to                
          petitioner for that year indicates she made an elective deferral            
          of $1,056.16.  Therefore, petitioner was an active participant in           
          her employer’s pension plan.                                                
               Petitioner argues that she should be allowed to deduct at              
          least half of the IRA contribution for 1998 because she                     
          participated in the pension plan for less than half of the year.            
          The law is clear that the restriction on deductions for                     
          contributions to IRA’s applies to taxpayers who are active                  
          participants for any portion of a taxable year.  Sec. 219(g)(1).            








Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011