Anthony F. Cutaia and Susan D. Cutaia - Page 2

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            Background                                                                                   
                  On March 16, 1995, respondent issued a notice of deficiency                            
            (notice) to petitioners that determined a deficiency in, and                                 
            additions to, their Federal income tax for each of the years                                 
            1978, 1981, 1982, and 1983 (years at issue).  On June 19, 1995,                              
            petitioners timely filed a petition.  This case was calendared                               
            for trial at the Court's trial session in New York, New York,                                
            that began on June 17, 1996.  On that date, a stipulation of                                 
            settlement (stipulation of settlement) executed by the respective                            
            counsel for petitioners and respondent was filed in this case,                               
            and 30 days, until July 17, 1996, were requested, and granted by                             
            the Court, within which to submit stipulated decision documents.                             
            The stipulation of settlement stated, inter alia:  "THE PARTIES                              
            AGREE TO THIS STIPULATION OF SETTLEMENT WHICH RESOLVES ALL OF THE                            
            ISSUES IN THIS CASE."                                                                        
                  On July 9, 1996, respondent provided petitioners with compu-                           
            tations reflecting the stipulation of settlement.  On July 30,                               
            1996, the Court issued an order in which it directed the parties                             
            to submit stipulated decision documents to the Court or otherwise                            
            file appropriate motions with the Court on or before August 15,                              
            1996.  On August 15, 1996, respondent filed a motion for entry of                            
            decision in this case (respondent's motion for entry of decision)                            
            to which the Court ordered petitioners to respond by September 5,                            
            1996.  On September 3, 1996, the Court received stipulated deci-                             





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