12 failed to establish that he was not an active participant within the meaning of section 219(g) during the year in issue. Petitioner's IRA contribution deduction is subject to the limitations provided in section 219(g). We do not agree with respondent that petitioner's deduction is necessarily disallowed in full. Section 1.219-1(b)(2), Income Tax Regs., provides that no deduction is allowable under section 219(a) to an individual if such individual is an active participant in any of the plans listed therein. Clearly, section 1.219-1(b)(2), Income Tax Regs.,4 is not consistent with the current version of section 219(g) to the extent that the latter allows a deduction to an unmarried individual who is an active participant in a qualified plan and who has adjusted gross income of less than $35,000. If petitioner’s adjusted gross income for 1993 is less than $35,000, he is entitled to a deduction under section 219 of $2,000 less the amount disallowed by application of section 219(g), to be calculated in the Rule 155 computation. Itemized Deductions Petitioner contends that he is entitled to itemized deductions for the year in issue. Petitioner contends that he made charitable contributions in the amount of $300 and that he incurred unreimbursed employee expenses in the amount of $1,050. 4 Sec. 1.219-1(b)(2), Income Tax Regs., was published in 1980 prior to the enactment in 1986 of sec. 219(g), allowing a deduction to active participants in certain circumstances.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011