Dennis W. Farley, Jr. and Janice J. Farley - Page 6

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          for the seven funds.  Petitioner reduced that figure to 29                  
          percent to allow for a “margin of error”.  He used 5-year rates             
          of return, where available, even when a fund had been in                    
          existence longer because, as he stated: “I figured a five-year              
          return was reasonable for my purposes, you know, simply because             
          the markets change considerably over time.”                                 
               Petitioner began making monthly withdrawals out of his                 
          qualified accounts based on these calculations.  He received                
          distributions of $50,000 in 1995, $80,000 in 1996, and $82,000 in           
          1997.  Petitioner admitted that the 1997 distribution of $82,000            
          was in error, and he corrected that error by reducing his                   
          distribution to $78,000 the following year, which year is not               
          before the Court.  In subsequent years, petitioner resumed his              
          scheduled periodic distributions of $80,000 per year.                       
               On their Federal income tax returns for 1995, 1996, and                
          1997, petitioners reported the periodic distributions as income.            
          The deemed distribution of $17,125 in 1995 was also reported as             
          income on their 1995 return.  Respondent thereafter determined              
          that the distributions were subject to the 10-percent additional            
          tax under section 72(t).                                                    
               Petitioner contends that the additional tax is not owed                
          because the distributions were “part of a series of substantially           
          equally periodic payments (not less frequently than annually)               
          made for the life (or life expectancy) of the employee or the               





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