E. Carolyn Mellen - Page 19




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                        •     cannot allow your request.                                                
                  You had knowledge of the casualty loss and when it took                               
                  place.  Your 1995 return was examined by the Internal                                 
                  Revenue Service, and you agreed to moving the loss from                               
                  1995 to 1994.                                                                         
                  The schedule below shows any adjustments we’ve made to                                
                  your account.                                                                         
                                  Amount of relief  Amount of relief   Amount of tax                    
                   Tax Period(s)   you requested     we could allow      remaining                      
                   * * * 1995      [1]$10,205.00         $0.00        [1]$10,205.00                     
                        1The amount shown is the total of the Federal                                   
                  income tax of $9,719 and the penalty of $486 that                                     
                  respondent had assessed with respect to petitioner’s                                  
                  taxable year 1995.                                                                    
                  Petitioner and Mr. Mellen, both of whom were about 60 years                           
            old at the time of the trial in this case, own the residence in                             
            which they have been living since 1987.  (For convenience, we                               
            shall refer to the real property owned by petitioner and Mr.                                
            Mellen at which they have been living since 1987 as petitioner’s                            
            residence.)  During the period from at least March 1999 until                               
            sometime during 2001, Jamie and her daughter Jessica were living                            
            in petitioner’s residence.  During at least November 2000, Rick,                            
            Andrew, and Jamie’s “significant other” Glen also were living in                            
            petitioner’s residence.  Sometime during 2001, Jamie, Jessica,                              
            and Glen moved out of petitioner’s residence.11                                             

                  11Although petitioner advised the Appeals officer during the                          
            November 14, 2000 hearing that her daughter Jamie helped “out                               
            with the family expenses by contributing a couple hundred dollars                           
            a month” while Jamie and her daughter Jessica, inter alia, were                             
            living in petitioner’s residence, those payments ceased sometime                            
                                                                          (continued...)                





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