Eugene C. Joseph, Sr. - Page 1

                                 T.C. Memo. 1996-77                                   

                               UNITED STATES TAX COURT                                

                        EUGENE C. JOSEPH, SR., Petitioner v.                          
                   COMMISSIONER OF INTERNAL REVENUE, Respondent                       

          Docket No. 7574-95.               Filed February 26, 1996.                  

               Eugene C. Joseph, Sr., pro se.                                         
               John T. Lortie, for respondent.                                        

                                 MEMORANDUM OPINION                                   
               PARR, Judge:  This case is presently before the Court on               
          respondent's motion for partial summary judgment filed December             
          11, 1995, pursuant to Rule 121.1                                            

               1  All rule references are to the Tax Court Rules of                   
          Practice and Procedure, and all section references are to the               
          Internal Revenue Code in effect for the taxable year in issue,              
          unless otherwise indicated.                                                 

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