George Kiourtsis - Page 4

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            disability as provided by the New York City Employees' Retirement                             
                  On his 1990 U.S. Individual Income Tax Return, petitioner                               
            did not include in income the $23,032 New York City pension                                   
            payments received that year.  The IRS sent petitioner an                                      
            Information Request inquiring why his 1990 return did not include                             
            the New York 1990 pension income in the amount of $23,032                                     
            reported by the New York City Comptroller.  By letter dated March                             
            30, 1993, petitioner responded to that inquiry, attaching a copy                              
            of his Report of Discharge from the armed services, a copy of the                             
            Veterans Administration's letter granting him Individual                                      
            Unemployability, and a letter from the New York City Employees'                               
            Retirement System granting him ordinary disability retirement.                                
            After submitting the foregoing letter, petitioner received a                                  
            "closing letter" from respondent dated May 7, 1993, which                                     
            accepted petitioner's 1990 return as filed.                                                   
                  The Commissioner's determination of deficiency for 1992 was                             
            based upon two adjustments:                                                                   
                  a.    The inclusion in gross income of the $23,094 pension                              
                        received in 1992 by petitioner from New York City.                                
                  b.    The inclusion in gross income of a portion ($3,181) of                            
                        the $14,073 in benefits he received from the Social                               
                        Security Administration in 1992.                                                  

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