- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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