Danney R. Land - Page 3




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               As explained in detail below, there is no genuine issue as             
          to any material fact, and a decision may be rendered as a matter            
          of law.  Accordingly, we shall grant respondent’s motion for                
          summary judgment, as supplemented.                                          
          Background                                                                  
               The record establishes and/or the parties do not dispute the           
          following:                                                                  
               A.  Petitioner’s Form 1040 for 1998                                    
               On or about April 15, 1999, Danney R. Land (petitioner), a             
          resident of Boulder City, Nevada, submitted to respondent a Form            
          1040, U.S. Individual Income Tax Return, for the taxable year               
          1998.  On the Form 1040, petitioner listed his occupation as                
          “slot tech”.                                                                
               Petitioner entered zeros on applicable lines of the income             
          portion of the Form 1040, specifically including line 7 for                 
          wages, line 21 for other income, line 22 for total income, line             
          33 for adjusted gross income, and line 39 for taxable income.               
          Petitioner made no entry on line 40 for tax, but he did enter a             
          zero on line 56 for total tax.  Petitioner then claimed a refund            
          in the amount of $1,450.43, which was equal to the amount of                
          Federal income tax that had been withheld from his wages.                   
               Petitioner attached to his Form 1040 a Form W-2, Wage and              
          Tax Statement, disclosing the payment of wages to him during the            
          taxable year in issue.  The Form W-2 was from Lakeview Co.,                 






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