William Edward and Patricia Marie Colombell - Page 3

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               Respondent determined a deficiency in petitioners’ Federal             
          income tax for 2002 in the amount of $999.  Petitioners timely              
          filed a petition with the Court.  The sole issue for decision is            
          whether petitioner Patricia Marie Colombell is an active                    
          participant in her former employer’s qualified retirement plan              
          and thus ineligible to deduct her $3,500 contribution to an                 
          individual retirement account under section 219.                            
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ stipulation of             
          facts at trial and accompanying exhibits.                                   
               At the time the petition was filed, Patricia Marie Colombell           
          (Mrs. Colombell) and William Edward Colombell (Mr. Colombell)               
          resided in Fairfax County, Virginia.                                        
               Mrs. Colombell worked as an employee as a pro re nata (PRN)            
          emergency room nurse for Inova Health System (Inova) for 15                 
          years, until her retirement in 2005.  PRN nurses have no set                
          schedule but work as needed.  During the time she worked as a PRN           
          nurse at Inova, Mrs. Colombell was not entitled to health                   
          benefits, sick leave, or vacation time.                                     
               Inova maintained a cash balance retirement plan, a type of             
          defined benefit plan under section 401(a), for its employees.               
          Beginning in July 1998, participation in the retirement plan was            
          both automatic and mandatory for all employees.                             






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