Richard A. Gerstenberger - Page 2




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          $14,409 and $2,882, respectively.2                                          
               The issues for decision3 are:                                          
               (1) Should the determinations for 1995 increasing peti-                
          tioner’s income and disallowing certain claimed deductions that             
          respondent has not conceded be sustained?  We hold that they                
          should except to the extent provided herein.                                
               (2) Is petitioner entitled for 1995 to a theft loss under              
          section 165?  We hold that he is not.                                       
               (3) Is petitioner liable for 1995 for the accuracy-related             
          penalty under section 6662(a)?  We hold that he is.                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.4              
               Petitioner resided in Alaska, and had a mailing address in             
          Montana, at the time the petition was filed.                                


               2Although the notice of deficiency issued to petitioner for            
          1995 (notice) shows that respondent determined a deficiency in,             
          and an accuracy-related penalty under sec. 6662(a) on, peti-                
          tioner’s tax of $14,409 and $2,882, respectively, computational             
          schedules that are attached to the notice show a deficiency of              
          $14,446 and an accuracy-related penalty of $2,889.20.  Because              
          respondent has admitted in the answer that the deficiency in, and           
          accuracy-related penalty on, petitioner’s tax determined in the             
          notice are $14,409 and $2,882, respectively, we shall disregard             
          for purposes of this case the erroneous numbers shown in the                
          computational schedules that are attached to the notice.                    
               3There are other issues relating to certain determinations             
          in the notice that are computational in that their resolution               
          flows automatically from our resolution of other determinations             
          in the notice that we address herein.                                       
               4Unless otherwise indicated, our Findings of Fact and Opin-            
          ion pertain to the year at issue.                                           




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