Deborah A. Cole - Page 5

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          self-employment tax, but would be liable for additional FICA                
          tax.1  Respondent did not immediately communicate these                     
          conclusions to petitioner.                                                  
               On July 10, 1995, respondent mailed petitioner a letter                
          encouraging petitioner to settle at the Appeals level and to                
          provide documentation supporting her position.  On July 27, 1995,           
          respondent mailed petitioner a letter offering a settlement and             
          enclosed a proposed stipulation of facts for petitioner's                   
          signature or comment.  Respondent offered to concede that $631.75           
          of income was overreported by Dr. Imhoff and that petitioner was            
          an employee liable for only the employee portion of FICA tax.               
          The tax treatment of the three checks totaling $1,088.50 was not            
          mentioned in the letter.  Respondent also did not address                   
          petitioner's contention that a portion of the alleged                       
          understatement was attributable to the $2,427.25 that petitioner            
          had reported as miscellaneous income.                                       
               On September 27, 1995, petitioner provided respondent with             
          wage statements for 1990.  Petitioner also explained that the               
          $703.50 check, dated January 2, 1991, was earned in 1990.  The              
          $703.50 was reported on petitioner's 1990 income tax return but             
          was erroneously included on both the 1990 Form 1099-MISC and the            

               1 This information is derived from the Appeals officer's               
          handwritten notes.  Although the notes are undated, we find that            
          they were written after June 11, 1995 (i.e., the date petitioner            
          mailed information incorporated in the notes) and before July 27,           
          1995 (i.e., the date respondent proposed a settlement offer that            
          incorporated calculations from the notes).                                  




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