Richard L. and Marjorie A. Freese - Page 2

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          whether petitioners are entitled to a deduction of $2,834 for               
          contributions to their individual retirement accounts.                      
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and attached exhibits are incorporated             
          by this reference.  Petitioners resided in Fort Meyers, Florida,            
          at the time their petition was filed.  References to petitioner             
          in the singular refer to Richard L. Freese.                                 
               On October 22, 1990, petitioner commenced employment with              
          the office of the Morrow County Prosecuting Attorney in Ohio as             
          the coordinator of a new program established to (1) notify                  
          victims and witnesses of hearings and prepare them for trial, (2)           
          explain the criminal justice system, and  (3) coordinate physical           
          and psychological treatment (the program).  Petitioner's                    
          employment contract, signed on November 2, 1990,2 provides in               
          relevant part:                                                              
                    3.  The Coordinator shall be subject to PERS [Public              
               Employees Retirement System] and shall be entitled to other            
               fringe benefits as afforded Morrow County employees.                   
               The Public Employees Retirement System of the State of Ohio            
          (PERS) requires that a percentage of a public employee's                    
          compensation be withheld by the employer for contribution to a              
          retirement plan.  Ohio Rev. Code Sec. 145.01 and 145.47 (Baldwin            
          1996).  Under section 145.03 of the Ohio Revised Code, membership           


          2    The record does not provide a clear explanation as to why              
          petitioner's contract was signed nearly 2 weeks after he                    
          commenced employment.                                                       




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