Isabelle Bichindaritz - Page 5

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          year.  A qualified retirement contribution is (1) “any amount               
          paid in cash for the taxable year by or on behalf of an                     
          individual to an individual retirement plan for such individual’s           
          benefit”, sec. 219(e)(1), and (2) “any amount contributed on                
          behalf of any individual to a plan described in section                     
          501(c)(18)”, sec. 219(e)(2).                                                
               Section 501(c)(18) describes trusts that are exempt from               
          taxation.  A trust may qualify under section 501(c)(18) if:  (1)            
          It was created before June 25, 1959, as part of a plan providing            
          for the payment of benefits under a pension plan funded only by             
          contributions of employees; (2) it is impossible at any time                
          before all liabilities are satisfied with respect to employees              
          under the plan for any part of the corpus or income to be (within           
          the taxable year or thereafter) used for any purpose other than             
          the providing of benefits under the plan; and (3) benefits are              
          payable to employees under a classification provided in the plan            
          which does not discriminate in favor of employees who are highly            
          compensated (within the meaning of section 414(q)).                         
               On her Form 1040, petitioner deducted the $1,916 payment as            
          a qualified retirement contribution to an individual retirement             
          account (IRA).  She contended in her pretrial memorandum and at             
          trial that she properly deducted that amount as an IRA                      
          contribution.  In the opening brief, respondent argued that                 
          section 219(g)(5) limits IRA deductions for active participants             






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