William Edward and Patricia Marie Colombell - Page 5

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               Respondent disallowed Mrs. Colombell’s $3,500 IRA deduction            
          and determined a $999 deficiency on the basis of her active                 
          participant status in 2002.3                                                
                                     Discussion                                       
               Generally, a taxpayer is entitled to deduct amounts                    
          contributed to an IRA.  See sec. 219(a); sec. 1.219-1(a), Income            
          Tax Regs.  The deduction may not exceed the lesser of (1) the               
          deductible amount or (2) an amount equal to the compensation                
          includable in the taxpayer’s gross income for such year.  Sec.              
          219(b)(1).  For 2002, the deductible amount was $3,000, increased           
          to $3,500 if the taxpayer was age 50 or older before the close of           
          the taxable year.  Sec. 219(b)(5)(A) and (B).                               
               If, however, for any part of a taxable year, a taxpayer or a           
          taxpayer’s spouse is an “active participant” in a qualified plan            
          under section 401(a), the deductible amount of any IRA                      










               3  Although respondent disallowed $3,500 of the $7,000                 
          deduction claimed by petitioners, respondent conceded at trial              
          that Mrs. Colombell would be entitled to $3,500 of basis in her             
          IRA.  Accordingly, when Mrs. Colombell receives distributions               
          from her IRA, she will be entitled to recover $3,500 tax free,              
          consistent with applicable law.  Any income on that investment              
          would continue to accrue in a tax-deferred manner.  See generally           
          sec. 408.                                                                   



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