William H. and Sandra G. Flank - Page 3

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          to be entered is not reviewable by any other court, and this                
          opinion should not be cited as authority.                                   
               Respondent determined for 2002 a deficiency in petitioners’            
          Federal income tax of $1,360.  After a concession,1 the issues              
          for decision are:  (1) Whether petitioners are entitled to claim            
          a deduction for contributions made to an individual retirement              
          account (IRA), (2) whether a portion of the IRA distribution that           
          petitioner William H. Flank (petitioner) received in 2002 was               
          taxed twice, and (3) whether respondent made computational errors           
          in determining petitioners’ tax liability.                                  
                                     Background                                       
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  At the time the             
          petition in this case was filed, petitioners resided in                     
          Chappaqua, New York.  Petitioner Sandra G. Flank (Mrs. Flank)               
          neither executed the stipulation of facts nor appeared at trial.            
          Respondent has filed with the Court a motion to dismiss for lack            
          of prosecution as to Mrs. Flank.  Respondent’s motion will be               
          granted.  The decision, when entered, will be in the same amount            
          as ultimately determined against petitioner.                                
               Both petitioner and Mrs. Flank were employed by Pace                   
          University in 2002.  During 2002, Mrs. Flank was an active                  

               1Respondent concedes an adjustment of $206 to petitioners’             
          return for claimed securities losses.                                       




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