Isabelle Bichindaritz - Page 11

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          governs deductions for pension payments made in 2001.  The French           
          Foreign Ministry publication does not apply to petitioner’s                 
          payments to the French pension plan in 2001.                                
               We conclude on this record that the French pension plan to             
          which petitioner paid $1,916 in 2001 does not generally                     
          correspond to a trust as defined by section 501(c)(18).  Thus,              
          petitioner may not deduct $1,916 that she paid to her French                
          retirement plan in 2001.5                                                   
          B.   Whether Petitioner May Deduct Real Estate Tax in 2001                  
               Petitioner asserts that she is entitled to deduct real                 
          estate taxes she paid when she bought property in France in                 
          2001.6  At trial, petitioner offered to give respondent an                  
          English translation of a settlement statement that she received             
          when she bought the property in question.  The settlement                   
          statement shows that certain taxes were calculated in connection            
          with petitioner’s purchase of the property.  However, the record            
          does not show whether the taxes are foreign real estate taxes               


               5  In light of this conclusion, we need not decide                     
          respondent’s contention regarding the fact that petitioner did              
          not receive a determination from the United States competent                
          authority as to whether the French retirement plan generally                
          corresponds to a United States retirement plan or that certain              
          documents, including Exhibits 9-P and 12-P, and the English                 
          translation of them, Exhibits 14-P and 16-P, should not have been           
          admitted in evidence.                                                       
               6  The Court granted petitioner’s motion for leave to file             
          the amended petition raising this issue when this case was called           
          for trial.                                                                  





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