- 5 - (iv) an annuity contract described in section 403(b), (v) a simplified employee pension (within the meaning of section 408(k)), or (vi) any simple retirement account (within the meaning of section 408(p)), or (B) who makes deductible contributions to a trust described in section 501(c)(18). The determination of whether an individual is an active participant shall be made without regard to whether or not such individual’s rights under a plan, trust, or contract are nonforfeitable. An eligible deferred compensation plan (within the meaning of section 457(b)) shall not be treated as a plan described in subparagraph (A)(iii). In the case of a taxpayer who is an active participant and who files a joint return, the $2,000 limitation of section 219(b)(1)(A) is reduced using a ratio determined by dividing the excess of the taxpayers’ modified adjusted gross income (modified AGI)1 over $40,000, by $10,000. See sec. 219(g)(2) and (3). The defined benefit plan provided by MPSERS was a plan described in section 219(g)(5)(A)(i). See Neumeister v. Commissioner, T.C. Memo. 2000-41, affd. without published opinion 2001-1 USTC par. 50,235, 87 AFTR 2d 2001-819 (6th Cir. 2001). The formula set forth in section 219(g)(2) and (3) results in a total disallowance of the IRA deduction where the total modified AGI reported on a joint return exceeds $50,000. See id. Because 1 As relevant herein, modified adjusted gross income means adjusted gross income computed without regard to any deduction for an IRA.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011