Isabelle Bichindaritz - Page 6

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          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.                        





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