Billy Hyler and Bonita M. Hyler - Page 2

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          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  This matter is before the Court           
          on respondent’s Motion For Summary Judgment, filed pursuant to              
          Rule 121.  As explained in detail below, we shall grant                     
          respondent’s motion.                                                        
                                     Background                                       
               In February 2001, petitioners filed a joint Form 1040, U.S.            
          Individual Income Tax Return, for the taxable year 2000 on which            
          they reported wages of $51,804, total tax of $5,121, and tax                
          withholding of $5,346.  Petitioners’ tax return included two                
          Forms 2439, Notice to Shareholder of Undistributed Long-Term                
          Capital Gains.  The Forms 2439 stated that petitioners were                 
          shareholders of a regulated investment company (RIC) or real                
          estate investment trust (REIT).2  The Forms 2439 identified the             
          investment entity as “Black Investment, Tax Dept. of Treasury”              
          and listed the amount of tax paid by the entity on petitioners’             


               2  Sec. 852(b)(1) and (3)(A) provides that tax will be                 
          imposed on the taxable income and capital gains of a regulated              
          investment company (RIC).  Sec. 852(b)(3)(D)(i) provides that a             
          RIC’s shareholder “shall include, in computing his long-term                
          capital gains in his return * * * such amount as the * * * [RIC]            
          shall designate”.  Sec. 852(b)(3)(D)(ii) provides that such                 
          shareholder “shall be deemed to have paid * * * the tax imposed”            
          under sec. 852(b)(3)(A), and the shareholder shall be allowed a             
          “credit or refund, as the case may be, for the tax so deemed to             
          have been paid by him.”                                                     





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