- 4 - 401(a). As a general rule, a taxpayer is entitled to deduct amounts contributed to an IRA. Sec. 219(a); sec. 1.219-1(a), Income Tax Regs. The deduction in any taxable year may not exceed the lesser of $2,000 or an amount equal to the compensation includable in the individual's gross income for the taxable year. Sec. 219(b)(1). Section 219(g) imposes a further limitation on IRA deductions where a taxpayer or a spouse is an "active participant" for any part of the taxable year. An individual is considered an active participant in a plan if he is accruing benefits under the plan even if he has only forfeitable rights under the plan and such rights are forfeited before the end of the taxable year. Hildebrand v. Commissioner, 683 F.2d 57 (3d Cir. 1982), affg. T.C. Memo. 1980-532. While Congress included a definition of "active participant" in section 219(g)(5), that definition itself uses the term "active participant". However, Congress' intent as to the meaning of "active participant" is clear from the report of the House Committee on Ways and Means: An individual is to be considered an active participant in a plan if he is accruing benefits under the plan even if he only has forfeitable rights to those benefits. * * * [H. Rept. 93-807 at 129 (1974), 1974-3 C.B. (Supp.) 236, 364.] See also Eanes v. Commissioner, 85 T.C. 168, 171 (1985). The regulations further provide that "an individual is an active participant * * * if for any portion of the plan year * * * he isPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011