- 3 - 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 thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011