11 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 hasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011