Thomas L. Freytag and Sharon N. Freytag - Page 3

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          that time, petitioners were husband and wife and resided in                 
          Dallas, Texas.  Respondent filed an answer to the petition on               
          June 26, 1986.                                                              
               The primary issue involved deductions claimed for losses on            
          transactions between petitioner Thomas L. Freytag (Mr. Freytag)             
          and First Western Government Securities, Inc. (First Western).              
          At that time there were more than 3,000 cases involving the same            
          issues.  Test cases had been selected, and this case was held in            
          abeyance.  The First Western issues were resolved in Freytag v.             
          Commissioner, 89 T.C. 849 (1987), affd. 904 F.2d 1011 (5th Cir.             
          1990), affd. on other grounds 501 U.S. 868 (1991).                          
               On January 5, 1990, petitioners filed a petition in the U.S.           
          Bankruptcy Court for the Northern District of Texas, Dallas                 
          Division.  Respondent filed a proof of claim that was amended               
          several times to include, inter alia, the income taxes and                  
          additions to tax for the years at issue in this case.  Respondent           
          notified the Court of the bankruptcy proceedings, and pursuant to           
          11 U.S.C. sec. 362(a)(8) (1994) (Bankruptcy Code), this Court, on           
          May 2, 1991, stayed all proceedings in this case.                           
               In the bankruptcy court, Mrs. Freytag objected to                      
          respondent's amended proofs of claim.  She did not contest the              
          underlying deficiencies for 1981 and 1982, and the parties                  
          stipulated that the challenged deductions for 1981 and 1982 were            
          in fact grossly erroneous and had no basis in fact or law.  See             
          Freytag v. Commissioner, supra.  Rather, she sought a                       




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