Dale I. Dirkes - Page 4




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                    Approximate base salary:           $70,174.14                     
                    Deferred compensation plan:            224.97                     
                    Incentive Stock Option (ISO):       33,183.75                     
                    Interest:                               13.38                     
                    Wages for sports officiating:           54.00                     
                    Federal income tax refund:             227.00                     
                         Total                         103,877.24                     
                    See exhibits B, C, D, and E.[2]                                   
          *     *     *     *     *     *     *                                       
                         C.  The petitioner’s failure to file                         
                    federal income tax returns in a timely manner                     
                    is not due to or resultant from willful                           
                    neglect.                                                          
                         D.  The petitioner’s failure to file                         
                    federal income tax returns in a timely manner                     
                    is due to and resultant from reasonable                           
                    cause.                                                            
               In his Motion for Summary Judgment respondent, for the                 
          purpose of this motion, concedes the capital gain adjustment in             
          the statutory notice of deficiency in the amount of $137,835                
          (Adjustment I.A.) and the sections 6651(a)(1) and 6654(a)                   
          additions to tax.                                                           




          2         Exhibit B consists of four copies of Forms W-2, Wage              
          and Tax Statement, issued by MCI Communications Corp. to                    
          petitioner for 1993.  These Forms W-2 show that petitioner                  
          received wages, tips and other income totaling $103,582.86.  This           
          amount included deferred compensation plan income of $224.97 and            
          incentive stock options of $33,183.75.  Exhibit C is a Form 1099-           
          INT issued by Community Credit Union to petitioner for 1993                 
          showing that he received interest income of $13.38.  Exhibit D is           
          a Texas Sports Officials, Inc. Officiating Pay Summary showing              
          that petitioner was paid $54 in 1993.  Exhibit E is a Kentucky              
          Form 1099-G showing that petitioner received a State tax refund             
          of $227 in 1993.                                                            





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