- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011