Walter T. McGee - Page 8

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               merely stated that the funds had been disbursed and                    
               declined to comment further;                                           
                    (6)  When agents of the Internal Revenue Service                  
               attempted to contact your solicitors, Maxwell, Glasner                 
               & Co., with respect to their involvement in the A.T.O.                 
               Marketing Limited settlement, they refused to provide                  
               information unless you agreed to waive the attorney-                   
               client privilege, which you have refused to do; and                    
                    (7) Since you directed the disposition of the                     
               settlement funds, and were the last person in                          
               possession, custody and control of the Bank Draft                      
               payable to the Swiss Bank Corporation on May 7, 1987;                  
               since you have declined to further document is [sic]                   
               disposition, which disposition cannot be documented                    
               beyond your receipt; and since the entity for whose                    
               benefit it was allegedly applied denies receipt or any                 
               benefit from the Bank Draft, it is determined that the                 
               entire amount of the Bank Draft is income to you for                   
               the taxable year 1987.                                                 
                    Accordingly, your taxable income is increased in                  
               the amount of $965,425.00 for the taxable year ending                  
               December 31, 1987.  See the schedule below for this                    
               computation.                                                           
               Proceeds from settlement      575,000 pounds sterling                  
               Exchange rate                 1.6790 dollars to pounds                 
               Proceeds from settlement                                               
               in U.S. dollars               $965,425                                 
               In the notice of deficiency, respondent also stated (and               
          petitioner does not dispute) that petitioner reported $29,577 in            
          income for 1987.                                                            
                                     Discussion                                       
               Petitioner contends that this Court lacks jurisdiction to              
          decide this case because respondent's notice of deficiency is               
          invalid.  Petitioner contends that (a) respondent failed to make            
          the required determination of an actual deficiency, (b) the                 
          notice was prepared with gross ineptitude, and (c) respondent is            




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