Laura Ann Flood - Page 7

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               Unfortunately for petitioner, we conclude that petitioner              
          did not amend her 1995 tax return under the requirements of                 
          section 6013(b)(2) as in effect for the taxable year in question.           
               We now turn to the section 401(k) plan question.  Petitioner           
          contends that respondent improperly considered the use of                   
          petitioner’s section 401(k) plan as a means to satisfy                      
          petitioner’s outstanding tax liability.  We do not view this as             
          improper.  Respondent was required to take into account                     
          petitioner’s assets, including the retirement plan.                         
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          






















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