- 6 - 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 anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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