Richard Walter Drake - Page 12

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          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.                  




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