Susan L. Rosetti - Page 3

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          includable in the taxpayer’s gross income for such taxable year.            
          See sec. 219(b)(1).  In addition, the amount of the deduction is            
          limited where the taxpayer was, for any part of the taxable year,           
          an "active participant" in a retirement plan qualified under                
          section 401(a)2 or a plan established for its employees by the              
          United States, by a State or political subdivision thereof, or by           
          any agency or instrumentality of any of the foregoing.  Sec.                
          219(g)(1), (5)(A)(i), (iii).  No deduction is allowed for an                
          active participant who is married filing a separate return and              
          whose adjusted gross income exceeds $10,000.  See sec.                      
          219(g)(3)(iii).                                                             
               Petitioner contends that she is entitled to a $2,000 IRA               
          deduction.  We disagree.  Petitioner made a contribution to a               
          Keogh plan rather than an IRA.  Although taxpayers with “earned             
          income” from self-employment are eligible to deduct contributions           
          made to a qualified Keogh plan,3 petitioner, in 1998, received              
          wages from the Department of Transportation and interest income             
          but did not receive any earned income from self-employment.  See            
          secs. 401(c)(1) and (2)(A), 404(a)(8)(C), and 1402(a), (c).                 
          Accordingly, petitioner’s contributions to the Keogh plan are not           


               2  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               3  Keogh plans are retirement plans for self-employed                  
          individuals.                                                                




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