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Taxpayers bear the burden of proof with regard to claimed
deductions. Rule 142(a); New Colonial Ice Co. v. Helvering, 292
U.S. 435, 440 (1934).
Petitioner argues that under the plans involved herein the
married participants (namely Rozenblatt and Jakubowicz) are
entitled to receive QJSA's in the form of subsidized joint and
100-percent survivor annuities. Petitioner argues that the
trustee was given discretionary power to interpret the plans and
that the Court should defer to the trustee's interpretation of
the plans.
Respondent argues that under the plans, Rozenblatt and
Jakubowicz are entitled to receive QJSA's in the form of only
reduced joint and 100-percent survivor annuities and that
contributions to the plans in excess of what was required to fund
such reduced joint and 100-percent survivor annuities are not
deductible. Respondent emphasizes that the actuary did not have
discretionary power under the plans to interpret plan language,
and respondent contends that the actuary's funding decisions
should be given little or no deference.
We generally agree with respondent's interpretation of the
language of the plans.
Under the plans, the trustee, the administrator, and the
plan actuary were not given deference in interpreting the plans
and in making funding decisions. Accordingly, we are not
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