John Walter Hodder and Sheila Laraine Hodder - Page 4




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               In general, a taxpayer is entitled to deduct the amount of             
          his contribution to an IRA.  See sec. 219(a).  The deduction in             
          any taxable year generally is limited to $2,000.  See sec.                  
          219(b)(1)(A).  The amount of the deduction is further limited               
          where the taxpayer or his spouse is, for any part of the taxable            
          year, an “active participant” under certain pension plans.  See             
          sec. 219(g).  In such a case, for married taxpayers who file a              
          joint return, the deduction allowable with respect to either                
          spouse is reduced to zero where the taxpayers’ adjusted gross               
          income (as modified by section 219(g)(3)(A)) equals or is greater           
          than $50,000.  See id.  Petitioners’ modified adjusted gross                
          income in 1995, as reflected on their return, exceeded $50,000.             
          Thus, if petitioner was an active participant in 1995,                      
          petitioners are not entitled to deduct contributions made to                
          IRA’s.                                                                      
               An active participant is defined by the statute to include             
          an individual who is an active participant in a plan described in           
          section 401(a).  See sec. 219(g)(5)(A)(i).  Elaborating upon this           
          circular definition, the regulations provide that an individual             
          is an active participant in a profit-sharing plan if, during the            
          taxable year, (1) a forfeiture is allocated to his account, (2)             
          an employer contribution is added to his account, or (3) a                  
          mandatory or voluntary contribution is made by the individual to            
          his account.  See sec. 1.219-2(d)(1) and (e), Income Tax Regs.              
          An individual’s status as an active participant in a plan is not            







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