Drew Allen Rayner - Page 3




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          C.   Respondent’s Determination                                             
               Respondent determined that petitioner received taxable                 
          income of $920 in nonemployee compensation and $214,756 in                  
          retirement distributions in 1998, and that petitioner was liable            
          for income tax of $70,778 for that year.  Respondent also                   
          determined that petitioner was liable for self-employment tax of            
          $130 for nonemployee compensation, the 10-percent additional tax            
          of $21,476 under section 72(t)(1) on distributions from                     
          retirement accounts, for a total deficiency of $92,384 ($70,778 +           
          $130 + $21,476), and an addition to tax of $3,941.12 under                  
          section 6654 for failure to pay estimated tax.                              
          D.   The Petition                                                           
               In his petition, petitioner disputes that he has a                     
          deficiency or is liable for any addition to tax for 1998.  The              
          following is the only fact petitioner alleged in the petition:              
               That the amount of the alleged taxable income,                         
               penalties and interest thereon are erroneous.                          
               Petitioner asserts that the IRS [sic] distribution is                  
               not a taxable event.                                                   
          E.   Petitioner’s Pretrial Memo and Our April 2, 2001, Order                
               Our standing pretrial order served on petitioner on October            
          27, 2000, requires the parties to exchange documents to be used             
          at trial at least 15 days before trial.  Materials not provided             
          in compliance with our standing pretrial order may be excluded              
          from evidence.  Rule 131(b); Moretti v. Commissioner, 77 F.3d               
          637, 644 (2d Cir. 1996).                                                    





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