Hugo Madioni and Susanne J. Nicolai - Page 5

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          not excluded under the eligibility provisions of the plan."  Sec.           
          1.219-2(b)(1), Income Tax Regs.                                             
               Since petitioners were "active participants" in their                  
          respective retirement plans during 1992, and their adjusted gross           
          income for that year exceeded $50,000, petitioners are not                  
          entitled to an IRA contribution deduction for the year 1992.                
          Sec. 219(a), (c)(2), (g)(1), (2), and (3); Johnson v.                       
          Commissioner, 74 T.C. 1057 (1980), affd. 661 F.2d 53 (5th Cir.              
          1981); Felber v. Commissioner, T.C. Memo. 1992-418, affd. without           
          published opinion 998 F.2d 1018 (8th Cir. 1993).                            
               Based on the foregoing, respondent's determination is                  
          sustained.                                                                  


                                             Decision will be entered                 
                                        for respondent.                               





















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