Leon and Mamie M. Gaither - Page 2
















                            T.C. Summary Opinion 2001-56                              


                               UNITED STATES TAX COURT                                


                       LEON & MAMIE M. GAITHER, Petitioners v.                        
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 3952-99S.                   Filed April 16, 2001.           


               Leon M. Gaither, pro se.                                               
               Francis C. Mucciolo, for respondent.                                   

               CARLUZZO, Special Trial Judge:  This case was heard pursuant           
          to the provisions of section 7463 of the Internal Revenue Code in           
          effect at the time the petition was filed.  Unless otherwise                
          indicated, subsequent section references are to the Internal                
          Revenue Code in effect for the years in issue.  Rule references             
          are to the Tax Court Rules of Practice and Procedure.  The                  









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