Daniel C. Noonan - Page 5

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          copy of the signed joint Federal return was filed with the                  
          California return.                                                          
               Petitioner anticipated receiving a distribution of funds               
          from the divorce proceeding with which he would pay the indicated           
          tax liability for 1988.  He confirmed this intention in letters             
          to Mr. Pearson (with copies to his ex-wife) dated April 2, 1991             
          and August 22, 1991.3  On February 15, 1992, he wrote to Mrs.               
          Noonan as follows:                                                          
               Now that the distribution of property is complete, I am                
               again notifying you that I am prepared to file the 1988                
               Federal tax return.  As you know, Ron Pearson gave you                 
               the original some time last year which he confirmed to                 
               me over the phone.                                                     
               Let's get this finalized.  Let me know when we can do this.            
               On March 3, 1992, he again wrote to Mrs. Noonan as follows:            
               Since you continue to tell me that you cannot locate                   
               the 1988 Federal tax return, I must ask that you do                    
               everything in your power to locate it. It is important                 
               to get this filed and behind us.                                       
               Please let me know when you find it or if there is                     
               anything I can do to move this along.                                  
               Petitioner also testified that he telephoned Mrs. Noonan and           
          unsuccessfully requested the completed and executed 1988 Federal            
          return so he could file it.  Petitioner never provided the law              
          firm or Mrs. Noonan with the funds to cover the 1988 tax                    

          3  On June 24, 1991, petitioner received a letter from the                  
          IRS indicating that he was subject to backup withholding in                 
          connection with the failure to file a 1988 Federal return.                  

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