Thomas J. Gaffney and Anne F. Gaffney - Page 2

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               Respondent determined a deficiency in petitioners' Federal             
          income tax for 1993 in the amount of $4,242.                                
               After a concession by petitioners,2 the issue remaining for            
          decision is whether petitioners must include in gross income                
          original issue discount that accrued during 1993.                           
               This case was submitted fully stipulated under Rule 122.               
          The stipulations of fact and attached exhibits are incorporated             
          herein by this reference.  Petitioners resided in West Islip, New           
          York, on the date the petition was filed in this case.                      
               Petitioners maintained a brokerage account with Bear,                  
          Stearns Securities Corp. (Bear, Stearns) during 1993.  Their                
          brokerage account holdings included original issue discount debt            
          instruments and stripped bonds.  The record does not reveal the             
          issuance date of the debt instruments or the stripped bonds, or             
          the date on which they were acquired by petitioners.                        
               Bear, Stearns issued a consolidated Form 1099-INT-DIV-MISC-            
          OID-1099B (Form 1099) that reported $14,847.50 of original issue            
          discount that had accrued on petitioners' holdings in 1993.                 
          Petitioners failed to report the accrued original issue discount            
          on their 1993 joint Federal income tax return.  Respondent issued           


          2         In their petition to the Court, petitioners failed to             
          address respondent's determination that they received and failed            
          to report dividend income in the amount of $16.  We deem                    
          petitioners to have conceded this issue.  Rule 34(b)(4).                    
          Respondent's adjustment to petitioners' miscellaneous itemized              
          deductions is computational and will be resolved by the Court's             
          holding on the issue in this case.                                          




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