Elaine S. Bennett - Page 15

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          requisite election.  Moreover, section 4980A(f)(3) defines                  
          "eligible individual" to mean any individual if, on August 1,               
          1986, the present value of such individual's interest in                    
          qualified employer plans exceeded $562,500.  The present value of           
          petitioner's accrued benefit in the Retirement System as of                 
          August 1, 1986, did not exceed such amount.  Accordingly, section           
          4980A(f) simply has no application to the present case.                     
               G.  Petitioner's Other Arguments                                       
               Finally, we have considered petitioner's other arguments and           
          find they are merely variations on the same theme that we have              
          already addressed.11                                                        
          III.  Conclusion                                                            
               To paraphrase the Supreme Court, we are bound by the                   
          language of section 4980A as it is written, and, even if                    
          petitioner's argument might accord with good policy, we are not             
          at liberty to rewrite such section because we might deem its                
          effects susceptible of improvement.  Commissioner v. Lundy, 516             
          U.S.     116 S. Ct. 647, 656-657 (Jan. 17, 1996) (citing                    
          Badaracco v. Commissioner, 464 U.S. 386, 398 (1984)).                       
          Accordingly, in order to give effect to our disposition of the              
          disputed issue, as well as respondent's concession, and to permit           

          11        On brief, petitioner suggests that she relied on                  
          erroneous advice by either the State of Maryland or the I.R.S. or           
          both.  However, there is no evidence in the record to provide the           
          factual predicate for such an argument; accordingly, we need not,           
          and do not, address the argument.                                           




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