Bert A. and Julie L. Hedrick - Page 4




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          Employees Union (the stage employees’ union).2  If the stage                
          employees’ union had a retirement plan, Mr. Hedrick was not a               
          participant, nor was he eligible to participate therein.                    
               Mrs. Hedrick has been employed by the Royal Sanitary Supply            
          Company since 2000.  In 2004, she was an active participant in              
          the company’s qualified pension plan, contributing funds and                
          having a percentage of the contributions matched by her employer.           
               At some point after retiring from the school system, Mr.               
          Hedrick contributed money earned working at the stage employees’            
          union to an individual retirement account (IRA).                            
               Petitioners timely and jointly filed a Form 1040, U.S.                 
          Individual Income Tax Return (return), for 2004, claiming a                 
          $3,500 deduction for the IRA contribution.                                  
               Respondent disallowed the entire IRA deduction and                     
          determined an $875 deficiency on the basis of petitioners’ active           
          participant status.                                                         
                                     Discussion3                                      
              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                 


               2  Mr. Hedrick continues to be employed there part time.               
               3  The issue for decision under these facts is essentially             
          legal in nature; therefore, we decide the instant case without              
          regard to the burden of proof.                                              





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