Majid Naemi - Page 5




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          Income Tax Regs.  In the case of a single taxpayer, the deduction           
          is totally disallowed for 1997 if the taxpayer’s modified                   
          adjusted gross income2 (modified AGI) exceeds $35,000 for the               
          taxable year.3  Petitioner reported modified AGI of $120,384.17             
          in 1997; thus he is not entitled to a deduction if he was an                
          active participant in a qualified retirement plan.                          
               Petitioner does not appear to raise the issue of whether the           
          CDI pension plan is of the type listed in section 219(g)(5).                
          Therefore, we find that petitioner has conceded that CDI’s                  
          retirement plan is among those listed.                                      
               Generally, a deficiency notice is presumed correct, and the            
          taxpayer has the burden of proving it wrong.  See Rule 142(a);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).4  Petitioner                  
          testified that he was not eligible to participate in CDI’s plan.            
          The only other evidence in the record is CDI’s Form 1099-R,                 
          Distributions From Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc., indicating                  
          petitioner’s participation in its retirement plan.  Respondent              


               2Modified adjusted gross income, as relevant herein, is                
          adjusted gross income determined without regard to any deduction            
          for an IRA.  See sec. 219(g)(3)(A).                                         
               3A single taxpayer’s deduction for an IRA contribution in              
          1997 is limited using a ratio determined by dividing the excess             
          of the taxpayer’s modified adjusted gross income over $25,000, by           
          $10,000.  See sec. 219(g)(2) and (3).                                       
               4We do not find that the burden-shifting provisions of                 
          current sec. 6201(d) or sec. 7491 apply.                                    





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