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entitled to a deduction in the amount of $1,763 for a
contribution to an individual retirement account (IRA). We hold
that he is not.
FINDINGS OF FACT
Some of the facts have been stipulated, and they are so
found. Petitioner resided in Lansing, Michigan, at the time that
his petition was filed with the Court.
During the year in issue, petitioner was employed as a
teacher by the Lansing school district in Michigan. During that
year, petitioner was an active participant in the Michigan Public
School Employees’ Retirement System (the MPSERS). MPSERS is
governed by the State of Michigan’s Public School Employees’
Retirement Act of 1979, as amended, 1980 Mich. Pub. Acts 300,
Mich. Comp. Laws, sec. 38.1301-38.1408, and is provided by
Michigan on a statewide basis to all of Michigan’s public school
employees. Section 108 of that Act, Mich. Comp. Laws sec.
38.1408, provides the following:
This state intends that the retirement system be a
qualified pension plan created in trust under section
401 of the internal revenue code and that the trust be
1(...continued)
for a contribution to an individual retirement account, his
deduction should be limited to $1,763, the amount he actually
contributed to an IRA, rather than the $2,000 he claimed on his
return. Petitioner also concedes that a $40 adjustment to his
miscellaneous itemized deductions is purely mechanical. See sec.
67.
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