Alfred P. Duffy - Page 4

                                   - NEXTRECORD  -                                    
          connection with his official duties.  Accordingly, in late                  
          September or early October 1990, petitioner commenced a court               
          proceeding (the court proceeding) against the school district in            
          the Supreme Court of Dutchess County, New York (the trial court).           
          In the court proceeding, petitioner sought the return of net                
          wages already withheld and to enjoin the school district from               
          withholding net wages in the future.                                        
               In January 1991, the trial court dismissed the court                   
          proceeding.  Petitioner then appealed to the Appellate Division             
          of the Supreme Court of New York (the Appellate Division).  In              
          May 1992, the Appellate Division affirmed the trial court.                  
          Petitioner did not pursue any further appeal.                               
          Petitioner's Annuity Contract                                               
               Petitioner maintained an annuity contract described in                 
          section 403(b) with American Capital Trust Co. (the American                
          Capital account).  On or about February 5, 1990, petitioner                 
          requested a distribution of the entire amount in his account with           
          American Capital because of "financial hardship".  On or about              
          February 13, 1990, petitioner received a distribution in the                
          amount of $2,410.91 from his American Capital account.                      
          Petitioner was 44 years old at the time that he received the                
          distribution.                                                               
          Petitioner's 1990 Income Tax Return                                         








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