Charles J. Dugan - Page 2

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          agrees with and adopts the opinion of the Chief Special Trial               
          Judge, which is set forth below.                                            
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               PANUTHOS, Chief Special Trial Judge:  Respondent determined            
          a deficiency in petitioner's 1991 Federal income tax in the                 
          amount of $8,241, an addition to tax pursuant to section 6651(a)            
          in the amount of $894.25, and an addition to tax pursuant to                
          section 6654 in the amount of $175.85.2  The issues for decision            
          are:  (1) Whether petitioner timely filed his 1991 Federal income           
          tax return;3 (2) whether petitioner can elect married filing                
          joint return status pursuant to section 6013; (3) whether                   


          2  We granted respondent's motion for leave to amend her                    
          answer to conform the pleadings to the evidence presented.                  
          Respondent asserts additional Schedule C income in the amount of            
          $5,547 and a capital gain of $4,217.  The increase results from             
          items reflected on the purported copy of the 1991 return.                   
          Petitioner agrees to the additional Schedule C income; however,             
          he claims offsetting expenses.  Petitioner agrees to the capital            
          transaction but claims a loss rather than a gain.  The deficiency           
          and additions to tax asserted in the amended answer are as                  
          follows:                                                                    
                                      Additions to Tax                                
               Deficiency         Sec. 6651(a)          Sec. 6654                     
          $10,126              $1,366                $326                             
          Respondent bears the burden of proof to the extent she seeks an             
          increased deficiency and increased additions to tax.  Rule                  
          142(a).                                                                     
          3  There is a dispute as to whether the 1991 return was                     
          filed and whether a purported copy of the return submitted by               
          petitioner to the Internal Revenue Service at a later date                  
          constitutes the filing of a return.  Because of this dispute, any           
          references to the 1991 return are not intended as a conclusion              
          that the document constitutes a return or that it was filed.                




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