Mary Holland Trull - Page 4




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          her return as head of household.  Respondent disallowed the IRA             
          deduction.                                                                  
               Petitioner contends that as soon as she ceased working for             
          CP&L and was not eligible to participate in a qualified                     
          retirement plan with WCHS, she was entitled to the IRA deduction.           
          Petitioner further contends that “all contributions to that [CP&L           
          pension plan] in ‘96 were from their [CP&L’s] severance and                 
          package deal.”  Petitioner also relies on language found in IRS             
          Publication 17 (IRS Pub. 17), “1996 Income Tax Guide For                    
          Individuals”, which states that if a taxpayer receives benefits             
          from a previous employer’s plan and the taxpayer is not covered             
          under a current employer’s plan, then the taxpayer is not                   
          considered covered by a plan.  Respondent contends that during              
          1996 petitioner was an active participant in an employer pension            
          plan regardless of the length of time she participated in the               
          plan.  Because petitioner was an active participant and her                 
          adjusted gross income exceeded the applicable limit, respondent’s           
          position is that petitioner was not eligible to deduct a                    
          contribution made to an IRA in 1996 under section 219(g).                   
               In general, under section 219(a), an individual is entitled            
          to deduct the amount contributed to an IRA.  The amount of the              
          deduction is limited to the lesser of $2,000 or an amount equal             
          to the compensation includable in a taxpayer’s gross income for             
          the year.  Sec. 219(b)(1).  In addition, the amount of the                  






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