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alternative, respondent argues that, even if petitioner did make
a qualified IRA contribution during 1994, he is precluded by the
limitations of section 219(g) from deducting such contribution.
Petitioner freely admits that he claimed the subject $2,000
IRA deduction solely in an attempt to recoup the funds collected
by respondent in connection with the 1993 levy of his CD at
Asheville Savings, which he contends was wrongful. Petitioner
acknowledged at trial that he did not make any contribution to an
IRA during 1994. Thus, the Court finds that petitioner did not
make a qualified retirement contribution to an IRA in 1994.
Petitioner also admitted that he was a participant in the Federal
Employees Retirement System (FERS) in connection with his
employment at USDA during that entire year. Thus, the Court
finds that petitioner was an active participant in a retirement
plan for that year. Petitioner's adjusted gross income for 1994,
without regard to his deduction for an IRA contribution, was
$53,663, which exceeds the point at which an IRA deduction is
entirely phased out for a married couple filing jointly.
In short, petitioner failed to meet the statutory
requirements under section 219 for claiming a deduction for an
IRA contribution in 1994. Thus, the Court holds that petitioner
is not entitled to any deduction for a contribution to an IRA in
1994. Petitioner, moreover, is admonished over the manner in
which he attempted to circumvent what he felt was an improper
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