Majid Naemi - Page 7




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          extent deductions shall be allowed depends upon legislative                 
          grace; and only as there is clear provision therefor can any                
          particular deduction be allowed.”  New Colonial Ice Co. v.                  
          Helvering, 292 U.S. 435, 440 (1934).                                        
               Because petitioner was an active participant in CDI’s                  
          qualified retirement plan during 1997 and his gross income for              
          the year exceeded $35,000, petitioner is not entitled to an IRA             
          contribution deduction for tax year 1997.                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               

























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Last modified: May 25, 2011