Frederick and Judith H. Butcher - Page 2




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          the year in issue, and all Rule references are to the Tax Court             
          Rules of Practice and Procedure.                                            
               Petitioners agree with respondent's adjustments relating to            
          petitioners' 1985 income tax return and do not contest the                  
          additions to tax.  The sole issue for decision is whether                   
          petitioners may use income averaging to compute their 1985 tax              
          liability.                                                                  
                                     Background                                       
               The parties submitted this case fully stipulated pursuant to           
          Rule 122.  At the time the petition was filed, petitioners                  
          resided in Stillwater, New Jersey.                                          
               During 1985, Mr. Butcher was a self-employed certified                 
          public accountant.  On their 1985 return, petitioners reported a            
          $68,204 loss relating to JGD Associates, L.P. (JGD Associates).             
          In 1993, Mr. Butcher pleaded guilty to violating section 7206(1)            
          (i.e., to willfully subscribing to a 1985 income tax return that            
          he did not believe to be true and correct as to every material              
          matter).  In his plea, Mr. Butcher admitted that petitioners were           
          not entitled to the $68,204 deduction.                                      
               In January 1994, petitioners filed an amended 1985 return,             
          on which they increased their total taxable income by $68,204               
          (i.e., the amount of the disallowed deduction).  Petitioners                
          computed their 1985 tax liability pursuant to the income-                   
          averaging method.  This computation was based on the taxable                





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