Charles Frederick Held, Jr. - Page 5




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          IRA deduction.  Sec. 219(g)(3)(A).                                          
               An individual is an active participant in a defined benefit            
          plan if for any portion of the plan year he is not excluded under           
          the eligibility provisions of the plan.  Sec. 1.219-2(b), Income            
          Tax Regs.  The determination of whether an individual is an                 
          active participant shall be made without regard to whether or not           
          such an individual’s rights under a plan are nonforfeitable.                
          Sec. 219(g)(5); Hildebrand v. Commissioner, 683 F.2d 57, 59 (3d             
          Cir. 1982), affg. T.C. Memo. 1980-532; Eanes v. Commissioner, 85            
          T.C. 168, 170 (1985).  If an employee makes “a voluntary or                 
          mandatory contribution to * * * [an employer retirement plan]               
          such employee is an active participant in the plan for the                  
          taxable year in which such contribution is made.”  Sec. 1.219-              
          2(e), Income Tax Regs.  Petitioner concedes that he contributed             
          to a qualified retirement plan in 1997.  Under section 219(g), we           
          find that petitioner was an active participant in an employer               
          retirement plan during 1997.                                                
               Petitioner further asks the Court to correct the rigid                 
          requirements in section 219 to comport with what he believes is             
          the legislative intent “to permit citizens to save for their                
          retirement.”  Unfortunately for petitioner, the legislative                 
          history of section 219 shows that the deduction for contributions           
          to an IRA is to be available only where an individual “does not             
          participate in any other tax-supported retirement plan.”  H.                






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