FOIL v. COMMISSIONER

Docket No. 39599-84.

92 T.C. 376 (1989)

FRANK F. AND JUDITH J. FOIL, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed February 22, 1989.


Attorney(s) appearing for the Case

Theodore L. Jones, Katherine W. King, and Bryan J. Prendergast, for the petitioners.

Stevens E. Moore, for the respondent.


CHABOT, Judge:

Respondent determined a deficiency in Federal individual income tax against petitioners for 1981 in the amount of $3,046.64. The issues for decision are as follows:

(1) Whether the relevant plan is the "Judicial Plan" (established under Louisiana Revised Statutes 13:11-26) or the "System's Plan" (established under La.R.S. 13:11-26 (West Supp. 1987), 24:36, 42:541-719, and 56:681-692);

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