Francisco A. Murillo - Page 2

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               (2) if not, whether imposing a liability for taxes on                  
          forfeited money without allowing a loss deduction violates the              
          Double Jeopardy Clause of the Fifth Amendment or the Excessive              
          Fines Clause of the Eighth Amendment to the U.S. Constitution;              
               (3) whether petitioner is subject to the tax on early                  
          distributions from his individual retirement accounts (IRA's)               
          under section 72(t).1                                                       
               This case was submitted fully stipulated under Rule 122.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Mineola, New York, at the time he filed the petition in this                
               In April of 1987, after a 29-year career with Bank of                  
          America, petitioner's job was eliminated in the course of a                 
          corporate reorganization and his services terminated.  During               
          1987, petitioner received a lump-sum payment of $207,050 from his           
          retirement plan which he rolled over into a retirement account at           
          Merrill Lynch.  He also received a net payment of $43,194.99 from           

               1  Unless otherwise indicated, all statutory references are            
          to the Internal Revenue Code in effect for the year in issue, and           
          all Rule references are to the Tax Court Rules of Practice and              

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