W-2 realated

[TAX]

Client, MFJ.

Tax Payer (TP) received W-2 with Retirement box checked. There for he can not contribute to IRA (assume all other info o.k. such as income etc)

His employer told him that he did not participate but he was ELIGIBLE and there for the box must be checked.

Since TP did not participate, can I uncheck retirement box (#13) and that way he can get IRA deduction.

Thanks!

[BP.]

Check here, W-2 instructions p. 13, to see if your TP should have the box checked or not. If the plan is defined benefit plan, and TP was eligible, employer is right to check box. If it was a defined contribution plan, box should only be checked if TP actually participated.

http://www.irs.gov/pub/irs-pdf/iw2w3_07.pdf

If box was checked in error, have employer issue W-2C, as IRS may send a notice disallowing the IRA deduction.

[TAX]

Check here, W-2 instructions p. 13, to see if your TP should have the box checked or not. If the plan is defined benefit plan, and TP was eligible, employer is right to check box. If it was a defined contribution plan, box should only be checked if TP actually participated.

http://www.irs.gov/pub/irs-pdf/iw2w3_07.pdf

If box was checked in error, have employer issue W-2C, as IRS may send a notice disallowing the IRA deduction.

Client called his employer. But employer is saying that they are right and will not issue corrected W-2 form

Thank you.