Fred P. and Patricia M. Brandkamp - Page 7




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          Memo. 1992-418, affd. without published opinion 998 F.2d 1018               
          (8th Cir. 1993).                                                            
               Because petitioners reported modified AGI in the amount of             
          $79,300 on their 1997 income tax return, they are not entitled to           
          any IRA deduction if Mrs. Brandkamp was an “active participant”             
          in the MetLife plan at any time during 1997.                                
               Petitioners contend that because Mrs. Brandkamp’s interest             
          in the MetLife plan was forfeitable, Mrs. Brandkamp was not an              
          active participant in the plan.  However, section 219(g)(5),                
          which defines the term “active participant”, clearly states that            
          the “determination of whether an individual is an active                    
          participant shall be made without regard to whether or not such             
          individual’s rights under a plan * * * are nonfortfeitable.”  See           
          also Eanes v. Commissioner, 85 T.C. 168, 170 (1985) (citing                 
          Hildebrand v. Commissioner, 683 F.2d 57, 58 (3d Cir. 1982), affg.           
          T.C. Memo. 1980-532)); Wartes v. Commissioner, T.C. Memo. 1993-             
          84.  Eanes involves a taxpayer who forfeited all rights under an            
          employer’s retirement plan when he left after only 3 months.                
          Despite the short time the taxpayer worked, we held that he was             
          an active participant in his employer’s plan and was not entitled           
          to a deduction under section 219.  Although Eanes involved an               











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