William Edward and Patricia Marie Colombell - Page 4

                                        - 3 -                                         
               Under the terms of the retirement plan, employees would                
          receive a pension credit if they were employed by Inova on                  
          December 31 and had worked a minimum of 1,000 hours for Inova               
          during the calendar year.  During the year at issue, Mrs.                   
          Colombell worked only 511 hours.  In fact, during the entire time           
          she worked for Inova, Mrs. Colombell never worked 1,000 hours in            
          any given year.  Her pension account balance was zero at all                
          times, and she remains ineligible for any benefit under Inova’s             
          plan.                                                                       
               Petitioners timely and jointly filed a Form 1040, U.S.                 
          Individual Income Tax Return (return), for 2002, claiming a                 
          $7,000 deduction for contributions made to their respective                 
          individual retirement accounts (IRAs).2                                     
               The Form W-2, Wage and Tax Statement, provided by Inova and            
          included by petitioners with their 2002 return, indicated that              
          Mrs. Colombell was an active participant in a qualified                     
          retirement plan in 2002.  “Active participant” is a term of art,            
          see Discussion, infra, and neither Mrs. Colombell nor Inova ever            
          put any money into the Inova plan for Mrs. Colombell.                       








               2  Each petitioner contributed $3,500 to his or her IRA.               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011