Theodore Edward Hagadone - Page 3

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          to his original investment.2  As a result of the increase in                
          petitioner's adjusted gross income, respondent also made a                  
          computational adjustment to petitioner's allowable casualty loss            
          deduction.  In the statutory notice of deficiency, respondent               
          determined petitioner's Federal income tax liability for 1994 to            
          be $10,238.                                                                 
               After the statutory notice of deficiency was issued on                 
          February 25, 1997, petitioner communicated with respondent's                
          Ogden Service Center by letter of February 27, 1997, and by                 
          telephone on April 1, 1997, to discuss the adjustments determined           
          in the statutory notice.                                                    
               In a letter to petitioner dated April 9, 1997 (the letter),            
          from a member of respondent's Problem Resolution Staff, which               
          enclosed a report that purportedly supplemented the February 25,            
          1997, notice of deficiency, the letter explained to petitioner              
          the reasons for the adjustments made in the statutory notice.  It           
          further informed petitioner that it was determined that he was              
          entitled to an additional gambling loss in the amount of $126.              
          In recalculating petitioner's 1994 Federal income tax liability,            


          2         Petitioner received annuity payments from the OPM                 
          Retirement Program in the total amount of $2,359 during 1994.               
          Petitioner's original contributions to the OPM Retirement Program           
          amounted to $2,511.  At trial, respondent's counsel stated to the           
          Court that respondent would be able to calculate the excludable             
          portion of the annuity payments from petitioner's responses to              
          her line of questioning with respect to this matter.  We                    
          therefore direct respondent to take into account the excludable             
          amount of the annuity payments in the Rule 155 computation.                 




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