Samuel K. Rasco - Page 4




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               Petitioner testified that Ms. Froemel, Joshua, and Amber               
          moved out of his apartment in October 1996.  Petitioner also                
          submitted a notarized statement from James and Annette Bunty, who           
          operated D.I. & Eastern Texaco and lived in petitioner's                    
          neighborhood during all times relevant to this case.  In their              
          notarized statement, James and Annette Bunty state that Ms.                 
          Froemel, Joshua, and Amber lived with petitioner "during the year           
          of 1995".  Based on the record, we find that Ms. Froemel, Joshua,           
          and Amber were members of petitioner's household for his entire             
          1995 taxable year.2  See sec. 1.152-1(b), Income Tax Regs.  We              
          further find that petitioner has proved that he provided more               
          than half of Ms. Froemel's, Joshua's, and Amber's support during            
          1995, predicated upon our review and particular analysis of the             
          evidence introduced at trial.  The following chart summarizes our           
          analysis of the evidence:                                                   










          2         At trial, respondent's counsel stated that petitioner             
          had previously provided respondent with a copy of the notarized             
          statement and that respondent had no objection to the notarized             
          statement being admitted as evidence.  There is no evidence in              
          the record which disputes petitioner's testimony that Ms.                   
          Froemel, Joshua, and Amber moved out of his apartment in October            
          1996.                                                                       




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