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The Ninth Circuit, the Courts of Appeals in three other
circuits, this Court, and the Court of Federal Claims all
concluded that a lump-sum credit does not fall within the
definition of a defined contribution plan. Malbon v. United
States, supra; Montgomery v. United States, supra; George v.
United States, 30 Fed. Cl. 371 (1994), affd. 90 F.3d 473 (Fed.
Cir. 1996); Guilzon v. Commissioner, supra at 242; Green v.
Commissioner, supra; Shimota v. United States, 21 Cl. Ct. 510
(1990), affd. 943 F.2d 1312 (Fed. Cir. 1991). We have carefully
considered petitioners' other arguments and have concluded that
they cannot prevail against the above decisions, even though, to
some extent, they have differing strands of reasoning.
Accordingly, we hold that the CSRS plan does not have a
defined contribution plan component because the separate account
requirement of section 414(k) was not met. Mr. Logsdon's lump-
sum credit is not treated as received under a separate contract
for purposes of section 72(d) and is not excludable pursuant to
section 72(e)(5)(E). Finally, we sustain respondent's
determination requiring petitioners to include the entire lump-
sum credit of $62,873 in their gross income in 1991 pursuant to
section 72(e)(2).
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