Matthew M. Perdue - Page 2




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          filed pursuant to Rule 121.1  As discussed in detail below, we              
          will deny petitioner's motion.                                              
          Background2                                                                 
               On July 9, 1998, respondent issued a notice of deficiency to           
          petitioner determining deficiencies in and additions to his                 
          Federal income taxes for the years 1991, 1992, 1993, and 1994.              
          Although the notice of deficiency includes a number of                      
          adjustments, petitioner's motion for partial summary judgment is            
          limited to respondent's determination that petitioner failed to             
          report $63,207 and $209,275 in income for the taxable years 1991            
          and 1992.  Respondent asserts that petitioner embezzled funds               
          from his grandmother during the taxable years in issue.  There is           
          no dispute that petitioner filed his tax returns for 1991, 1992,            
          1993, and 1994 on October 18, 1995.                                         
               Petitioner filed a timely petition for redetermination in              
          which he alleged in pertinent part that the amounts that he                 
          received from his grandmother in 1991 and 1992 were gifts.  In              
          particular, petitioner alleged that on December 23, 1991, his               
          grandmother, Winfred S. Cade (Ms. Cade), executed a durable power           

               1  Unless otherwise indicated, section references are to               
          sections of the Internal Revenue Code, as amended, and Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            
               2  The following is a summary of the relevant facts that do            
          not appear to be in dispute; they are stated solely for the                 
          purpose of deciding the pending motion, and they are not findings           
          of fact for this case.  See Fed. R. Civ. P. 52(a); Rule 1(a).               






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