- 3 - 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.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007