- 7 - compensation includable in the taxpayer's gross income or $2,000. Sec. 219(b)(1). The maximum amount that may be deducted is further limited where the taxpayer or the spouse of a taxpayer is an "active participant" in certain retirement plans. Sec. 219(g)(1). Section 219(g)(5) defines "active participant" as an individual (A) who is an active participant in-- (i) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), (ii) an annuity plan described in section 403(a), (iii) a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing, (iv) an annuity contract described in section 403(b), or (v) a simplified employee pension (within the meaning of section 408(k)), or (B) who makes deductible contributions to a trust described in section 501(c)(18). The determination of whether an individual is an active participant shall be made without regard to whether or not such individual's rights under a plan, trust, or contract are nonforfeitable. An eligible deferred compensation plan (within the meaning of section 457(b)) shall not be treated as a plan described in subparagraph (A)(iii). There is no evidence and not even a suggestion in the record that petitioner was an "active participant" for purposes of the section 219(g) limitation. Yet, respondent contends thatPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011