John F. Romann - Page 19

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          notification rules for former employees and beneficiaries in                
          subparagraph (2) thereof.                                                   
               Based on the foregoing, we conclude that these regulations             
          distinguish between present employees and former employees as               
          mutually exclusive categories.  As a result, if petitioner’s                
          status is that he is a former employee, then he would not be a              
          present employee and, as a result, he would not be an interested            
          party within the meaning of section 1.7476-1(b)(4), Income Tax              
          Regs.                                                                       
               Section 1.7476-1(c)(1), Income Tax Regs., provides that the            
          status of an individual as an interested party is to be                     
          determined as of a date generally during a 6-business-day period            
          ending on the date that the relevant notice was given to                    
          interested parties.  Supra note 6.  Under this regulation the               
          individual applicant is to determine which date during this                 
          period is to be the status determination date.                              
               The parties have not directed our attention to, and we have            
          not found, anything in the record that shows that the Board has             
          determined a date, in conformity with section 1.7476-1(c)(1),               
          Income Tax Regs.  Nor does the administrative record show                   
          precisely when the notice was given.  However, the administrative           
          record shows that the notice was given by an announcement                   
          published in the March/April 1995 issue of a publication called             
          Marine Officer, and we conclude that petitioner must have                   
          received the notice on or before March 12, 1995, the date he                




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