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Because an employer contribution was added to his account in
1995, petitioner was an active participant in Siesta’s profit-
sharing plan in that year. See sec. 1.219-2(d)(1), Income Tax
Regs.
Petitioners also argue that “the law is not fair”, that “the
law was designed to allow taxpayers to maximize their retirement
savings”, and that a negative result in this case would “minimize
the incentive to save”. This Court is not the proper place for
these arguments. We must apply the law as it is written; it is
up to Congress to address questions of fairness and to make
improvements to the law. See Metzger Trust v. Commissioner, 76
T.C. 42, 59-60 (1981), affd. 693 F.2d 459 (5th Cir. 1982).
Because petitioner was an active participant in a qualified
retirement plan in 1995, petitioners are precluded by section
219(g) from deducting contributions to IRA’s made during that
year.
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,
Decision will be entered
for respondent.
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Last modified: May 25, 2011