-2-
therefore does not apply to spousal joint interests
created before Jan. 1, 1977.
K. Bruce Friedman, for petitioner.
Laurel M. Robinson, for respondent.
OPINION
COHEN, Chief Judge: This case was assigned to Special Trial
Judge John F. Dean pursuant to section 7443A(b)(4) and Rules 180,
181, and 183.1 The Court agrees with and adopts the opinion of
the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
DEAN, Special Trial Judge: This case is before us on
petitioner's motion for summary judgment and respondent's cross-
motion for partial summary judgment. Respondent determined a
deficiency in petitioner's 1993 Federal income tax in the amount
of $50,123 and an accuracy-related penalty under section 6662(a)
in the amount of $10,025.
The issue for decision concerns petitioner's basis in
property which had been held by petitioner and her now-deceased
husband in joint tenancy with right of survivorship. To resolve
this issue, we must decide whether the 1981 amendment of the
definition of "qualified joint interest" in section 2040(b)(2)
1Unless otherwise indicated, all section references are to
the Internal Revenue Code and all Rule references are to the Tax
Court Rules of Practice and Procedure.
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