- 3 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011