Robert B. Keenan - Page 3

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          Trust Co. of N.Y. (USTCNY); (3) whether petitioner had taxable              
          income in 1990 in the amount of $408,623 as a result of a purported         
          distribution from his IRA at USTCNY; (4) whether petitioner is              
          entitled to any losses or deductions in 1992 as a result of a               
          forced Internal Revenue Service (IRS) tax sale of his personal              
          residence; (5) whether petitioner is entitled to $47,418 of                 
          ordinary losses in 1993 as a result of forced IRS tax sales of              
          three of his New Mexico properties; (6) whether petitioner is               
          entitled to any other deductible losses during the years in issue;          
          and (7) whether petitioner is liable for the additions to tax               
          pursuant to sections 6651(a)(1) and 6654(a) for all the years in            
          issue.3                                                                     
               All section references are to the Internal Revenue Code in             
          effect for the years in issue.  All Rule references are to the Tax          
          Court Rules of Practice and Procedure.                                      
               Some of the facts have been stipulated, and the stipulations           
          of facts are incorporated in our findings by this reference.                




               3    In his posttrial brief, petitioner raised for the first           
          time:  (1) That respondent's deficiency determination for 1988 is           
          arbitrary and capricious; and (2) that he is entitled to a                  
          casualty loss for 1991 as a result of damage to his airplane                
          arising from a midair collision.  Both of these matters were                
          untimely raised.  Nevertheless, we conclude that respondent's               
          1988 deficiency determination is not arbitrary or capricious and            
          that there is nothing in the record to support petitioner's                 
          entitlement to a casualty loss for 1991.                                    




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