John Walter Hodder and Sheila Laraine Hodder - Page 6




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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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