Gloria Yuen-Mee Ho and Alexander Chi-Shun Tsang - Page 4

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          joint return for 2001 on which the modified AGI exceeded $63,000,           
          the application of section 219(g)(2) and (3) results in a total             
          disallowance of the IRA contribution deduction.  See Felber v.              
          Commissioner, T.C. Memo. 1992-418, affd. without published                  
          opinion 998 F.2d 1018 (8th Cir. 1993); see also Wade v.                     
          Commissioner, T.C. Memo. 2001-114.                                          
               Petitioners contend that because section 219(g)(2)(A)(i)               
          refers to the AGI of the taxpayer in the singular form, the                 
          “literal reading” of section 219 requires the IRS to consider               
          only the individual spouse’s AGI in determining the reduction or            
          elimination of an IRA contribution deduction.  Petitioners argue,           
          therefore, that, because petitioner had less than $63,000 of                
          income in 2001, the $2,000 IRA contribution deduction should be             
          allowed.  Petitioners’ argument overlooks the structure of                  
          section 219(g)(3)(B), which prescribes two tables for the                   
          applicable dollar amounts to be used in determining the reduction           
          or elimination of a contribution deduction.  Because taxpayers              
          who file jointly are entitled to a higher ceiling for their AGI,            
          see sec. 219(g)(3)(B)(i), the necessary implication is that the             
          AGI to be used in the calculation is that of both spouses.  In              
          applying section 219(g)(2) and (3), the Court has looked to the             
          combined AGI of married taxpayers filing jointly and not to an              
          individual spouse’s AGI to determine the reduction or elimination           
          of the IRA contribution deduction.  See, e.g, Felber v.                     






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