Bert A. and Julie L. Hedrick - Page 6




                                        - 5 -                                         
         in, that plan.  See, e.g., Publication 590 Situations in Which               
         You Are Not Covered (2004); Notice 87-16, 1987-1 C.B. 447-448,               
         Q&A-8.  It is true that Mr. Hedrick was not an active participant            
         in the school system’s plan simply by virtue of his receipt of               
         benefits from his former employment.  However, because he was an             
         active participant in the school system’s plan for 5 months of               
         the taxable year in question, he was considered an active                    
         participant for the entire year.  See sec. 219(g)(1); see also,              
         e.g., Wade v. Commissioner, T.C. Memo. 2001-114 (even de minimis             
         participation during a plan year is sufficient to render a                   
         taxpayer an active participant for the entire year).                         
              Although we can appreciate petitioners’ confusion as to how             
         Mr. Hedrick’s retirement and subsequent receipt of benefits would            
         impact contributions made during the same tax year to an IRA,                
         deductions are a matter of legislative grace, and they must meet             
         all applicable statutory requirements.  INDOPCO, Inc. v.                     
         Commissioner, 503 U.S. 79, 84 (1992).  We found petitioners to be            
         very straightforward and honest, but unfortunately, the Internal             
         Revenue Code is very specific in its requirements, and we must               
         enforce the laws as written.  See Marsh & McLennan Cos. v. United            
         States, 302 F.3d 1369, 1381 (Fed. Cir. 2002); Philadelphia &                 
         Reading Corp. v. United States, 944 F.2d 1063, 1074 (3d Cir.                 
         1991).  Accordingly, we hold that Mr. Hedrick’s $3,500 IRA                   
         contribution was not deductible for the taxable year in issue.               
              However, as respondent acknowledged at trial, petitioners               





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 10, 2007