- 3 - separately, and deducted $1,916 for a payment to an individual retirement account (IRA). OPINION A. Whether Petitioner May Deduct $1,916 That She Paid to Her French Pension Plan in 2001 1. Petitioner’s Contentions and Background Petitioner contends that $1,916 that she paid to a French pension plan in 2001 is deductible under section 219(a) and article 18(2)(a)2 of the Convention for the Avoidance of Double 2 Art. 18(2)(a) and (b) of the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, Aug. 31, 1994, U.S.- France, 2 Tax Treaties (CCH) par. 3001.19, as modified by applicable subsequent agreements, as in effect in 2001 provides in pertinent part: 2. (a) In determining the taxable income of an individual who renders personal services and who is a resident of a Contracting State but not a national of that State, contributions paid by, or on behalf of, such individual to a pension or other retirement arrangement that is established and maintained and recognized for tax purposes in the other Contracting State shall be treated in the same way for tax purposes in the first-mentioned State as a contribution paid to a pension or other retirement arrangement that is established and maintained and recognized for tax purposes in that first-mentioned State, provided that the competent authority of the first-mentioned State agrees that the pension or other retirement arrangement generally corresponds to a pension or other retirement arrangement recognized for tax purposes by that State. (b) For the purposes of subparagraph (a): * * * * * * * (ii) where the competent authority of the United States (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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