William W. Halle IV, and Janice C. Halle - Page 4

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          respondent that they had treated the lease of the van as a                  
          purchase and not as a lease.  At trial, however, petitioner                 
          testified that in subsequent years the lease was treated as a               
          lease and not as a purchase, and that petitioners were not                  
          entitled to depreciation on the van.  Consequently, respondent              
          concedes part of the loss claimed on petitioners' 1990 Federal              
          income tax return for the trade-in of the Chevrolet Cavalier for            
          the van.                                                                    
               In the notice of deficiency, respondent determined that                
          petitioners were liable for an addition to tax under section                
          6651(a)(1) in the amount of $2,989.  However, in the stipulation            
          of facts, respondent conceded that petitioners timely filed their           
          1990 Federal income tax return and, consequently, are not liable            
          for that addition to tax.                                                   
               In the notice of deficiency, there is an adjustment to                 
          petitioners' self-employment tax, which was increased by                    
          respondent.  There is no dispute as to whether petitioner's net             
          earnings from his Locksmith/Burglar Alarm business are subject to           
          self-employment tax.  That adjustment is computational.                     
               In addition, respondent adjusted petitioners' medical                  
          expenses deduction.  There is no dispute as to whether                      
          petitioners incurred the medical expenses claimed on the return.            
          That adjustment is also computational.                                      
               Petitioner, in his answering brief, has raised two                     
          preliminary issues, namely, whether respondent should bear the              




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