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