- 6 - in a plan established by the Government or by an agency or instrumentality of the Government and that petitioner participated in such a retirement plan with Central Washington University in 2001. 2. Whether Petitioner May Contend That She Made Payments to an Entity that Qualifies as a Trust Under Section 219(e)(2) Petitioner contended for the first time in her posttrial brief3 that her $1,916 payment to a French pension plan in 2001 qualified as a retirement contribution under section 219(e)(2) because she paid it to an entity that generally corresponds to a trust as defined in section 501(c)(18). Respondent asserts that petitioner raised that issue untimely. We agree. Generally, we do not consider an issue raised for the first time on brief. See DiLeo v. Commissioner, 96 T.C. 858, 891 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Torres v. Commissioner, 88 T.C. 702, 718 (1987); Seligman v. Commissioner, 84 T.C. 191, 198-199 (1985), affd. 796 F.2d 116 (5th Cir. 1986); Philbrick v. Commissioner, 27 T.C. 346, 353 (1956); Hettler v. Commissioner, 16 T.C. 528, 535 (1951). Petitioner raised this issue too late for either party to offer relevant evidence. At trial, respondent had no reason to, and did not, offer evidence relating to whether petitioner’s French pension plan generally 3 Respondent filed an opening brief, petitioner filed an answering brief, and respondent filed a reply brief.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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