Leslie M. Hiltz - Page 2

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                                  FINDINGS OF FACT                                    
               The parties have stipulated most of the facts, which we                
          incorporate herein by this reference.  When petitioner filed his            
          petition, he resided in Bergen, New York.                                   
          A.   1987 Notice of Deficiency                                              
               Petitioner and his wife, Carole E. Hiltz (Carole), timely              
          filed a joint 1987 Federal income tax return.  By notice of                 
          deficiency dated December 6, 1993, respondent determined a $5,358           
          deficiency and a $1,340 section 6661 addition to tax with respect           
          to petitioner and Carole’s 1987 joint tax.2  Petitioner received            
          the notice of deficiency but did not petition the Tax Court.                
          B.   Bankruptcy Proceedings                                                 
               On August 12, 1992, petitioner and Carole filed a petition             
          for chapter 11 bankruptcy in the U.S. Bankruptcy Court in the               
          Western District of New York.  On January 11, 1994, the                     
          bankruptcy court entered a final decree dismissing the chapter 11           
          bankruptcy case.  Petitioner and Carole’s 1987 tax liability was            
          not discharged in the chapter 11 bankruptcy case.                           
               On March 21, 1995, Carole (alone) filed a petition for                 
          chapter 7 bankruptcy.  On July 7, 1995, in the chapter 7                    





               2 The deficiency resulted from the disallowance of a claimed           
          loss that petitioner and Carole attempted to carry back from 1990           
          to 1987.                                                                    




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