Hugo Madioni and Susanne J. Nicolai - Page 4

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          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 is           






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