Estate of James F. Hall, Jr., Deceased, Harriet Hall, Executrix, and Harriet Nixon Hall - Page 5

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          take care of Mr. Hall, and Mr. and Mrs. Hall were still legally             
          married.                                                                    
               For the taxable year 1988, Mr. and Mrs. Hall filed a joint             
          Federal income tax return.  They reported a distribution in the             
          amount of $1,027,229 on line 17a of their return and stated that            
          no portion of the distribution was includable in income.  The               
          return was signed by both Mr. and Mrs. Hall.  Before signing the            
          return, Mrs. Hall briefly reviewed the first 2 pages of the                 
          return.  She noticed the $1,027,229 entry on line 17a, but she              
          did not question the entry.                                                 
               Mrs. Hall knew that a large distribution was made from the             
          Plan to Mr. Hall during 1988.  Of the cash distributed to Mr.               
          Hall, $474,768.81 was transferred from the pension trust account            
          to a newly opened bank account in 1988.  The new account was held           
          jointly by Mr. and Mrs. Hall.  Both Mr. and Mrs. Hall executed              
          the deposit agreement for the account.  In addition, a                      
          certificate of deposit held by the Plan was redeemed and the                
          proceeds used to purchase a money market certificate in the                 
          amount of $125,331.63 held jointly by Mr. and Mrs. Hall.  The               
          balance of the property distributed to Mr. Hall appears to have             
          consisted of real property.                                                 

                                       OPINION                                        

               Section 105(a) provides generally that amounts received by             
          an employee through accident or health insurance for personal               




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