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rhill0123 writes (in part):

This is interesting -- it means that anyone over the AGI limit can still contribute to an ESA via gifting the money. Other items go on to suggest that contributions to an ESA *is* essentially gifting the money. So why is their an AGI limit in the first place?

I reply:

That is essentially correct, as long as the recipient of the gift does not also have too much income, the donor has not already reached the gift tax limit with the intended recipient, and the recipient is willing to cooperate with the donor's wishes. Given this workaround, why is there an AGI limit in the first place? Because Congress can be very, very strange. --Bob
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