Charles Robert Schetzer - Page 2




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               Respondent determined deficiencies in petitioner's Federal             
          income taxes for the taxable years 1994 and 1995 in the amounts             
          of $2,855 and $2,893, respectively, as well an accuracy-related             
          penalty under section 6662(a) for the taxable year 1994 in the              
          amount of $571.  After concessions by the parties,2 the issue for           
          decision is whether section 469(i) is unconstitutional.3                    
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Omaha, Nebraska, at the time that             
          his petition was filed with the Court.                                      
               During the years in issue, petitioner was employed as a                
          telemarketer and received wages in the amount of $27,787 for 1994           
          and $31,859 for 1995.  Petitioner also operated an automobile               
          rental business.  For the years in issue, the average period of             
          customer use for petitioner's automobiles exceeded 30 days.  On             
          his 1994 and 1995 returns, petitioner claimed Schedule C losses             




          2  Respondent concedes that petitioner is not liable for the                
          accuracy-related penalty under sec. 6662(a) for 1994.  The                  
          parties agree that computation of the taxable portion of                    
          petitioner's Social Security retirement benefits is a mechanical            
          matter the resolution of which is dependent on the disposition of           
          the issue for decision.                                                     
          3  The parties also disagree as to whether certain Schedule                 
          C deductions have been substantiated.  However, given our holding           
          on the constitutional issue, we need not consider whether                   
          petitioner has substantiated these deductions.                              




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