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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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Last modified: May 25, 2011