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deduction under section 219. We stated: "While the result to
petitioner seems harsh, we cannot ignore the plain language of
the statute and, in effect, rewrite this statute to achieve what
would appear to be an equitable result." Eanes v. Commissioner,
supra at 171 (citing Hildebrand v. Commissioner, supra at 59).
We apply this reasoning to the facts of the instant case.
Based on the foregoing, we conclude that PERS is a qualified
plan established by the State of Ohio and that petitioner was an
"active participant" in PERS during 1990. Accordingly, because
their modified AGI for 1990 exceeded $50,000, petitioners are not
entitled to a deduction of their IRA contributions. Sec.
219(g)(1) and (2). Respondent is sustained on this issue.
Decision will be entered
for respondent.
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