Fred P. and Patricia M. Brandkamp - Page 12




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          T.C. Memo. 1980-532; Johnson v. Commissioner, 661 F.2d 53, 54-55            
          (5th Cir. 1981), affg. 74 T.C. 1057 (1980).  The statute is                 
          unambiguous on this point.  Mrs. Brandkamp was an “active                   
          participant” in the MetLife plan, and petitioners’ modified AGI             
          exceeded $50,000.  Thus, petitioners are not entitled to any 1997           
          deduction for Mr. Brandkamp’s contribution to his IRA for that              
          year.  Respondent’s determination on this matter is therefore               
          sustained.                                                                  
               We have carefully considered remaining arguments made by               
          petitioners for a result contrary to that expressed herein, and,            
          to the extent not discussed above, we consider those arguments to           
          be without merit.                                                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               In order to give effect to our disposition of the disputed             
          issue, as well as the parties’ concessions,                                 


                                             Decision will be entered                 
                                        under Rule 155.                               















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