3 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 activePage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011