O.H. Tolley, Jr. and Betty Tolley - Page 3

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          section 219(g), petitioners' IRA contribution deduction was                 
          limited to zero for 1992.  Petitioners contend that petitioner              
          elected not to contribute to the plan, and, thus, was not an                
          active participant.  Petitioners also contend that respondent               
          allowed IRA deductions claimed by petitioners in taxable years              
          1990 and 1991, and argue that respondent is bound by "tacit                 
          approval" of petitioners' position.                                         
               Respondent's determinations are presumed correct, and                  
          petitioners have the burden of proving them erroneous.  Rule                
          142(a); Welch v. Helvering, 290 U.S. 111 (1933).  Deductions are            
          a matter of legislative grace, and petitioners bear the burden of           
          proving their entitlement to any deduction claimed.  Rule 142(a);           
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).                      
               Generally, a taxpayer is allowed a deduction for qualified             
          retirement contributions in an amount not in excess of the lesser           
          of $2,000 or an amount equal to the compensation includable in              
          the taxpayer's gross income.  Sec. 219(a) and (b)(1).  Section              
          219(g) limits the allowable deduction where the individual or the           
          individual's spouse is an "active participant".  An "active                 
          participant" is defined to include, inter alia, an individual who           
          is an active participant in a qualified employer provided profit-           
          sharing plan.  Sec. 219(g)(5).  The application of section 219(g)           
          results in total disallowance of an IRA deduction in the case of            
          taxpayers filing a joint return with adjusted gross income in               
          excess of $50,000 if one of the taxpayers is an active                      




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