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for his filing status, married filing separately. In addition,
respondent treated the $9,022 distribution from the National Bank
of Washington as a premature distribution from a qualified
retirement plan and imposed the 10-percent additional tax ($902)
applicable to such distributions under section 72(t). Respondent
also imposed additions to tax under sections 6651(a), 6653(a)(1),
and 6654.
OPINION
I. Amounts Included in Gross Income
A. Identical Amounts Reported as Income by Petitioner
On the 1988 return, petitioner included in income all of the
items that are contained in the notice’s adjustment for
additional income. During the trial, however, petitioner stated
that he was contesting all but one of the income items: the $138
of interest from Sovran Bank.
It has been held repeatedly that positions taken in a tax
return signed by a taxpayer may be treated as admissions. See
Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg.
T.C. Memo. 1968-126; Lare v. Commissioner, 62 T.C. 739, 750
(1974), affd. without published opinion 521 F.2d 1399 (3d Cir.
1975); Kaltreider v. Commissioner, 28 T.C. 121, 125-126 (1957),
affd. 255 F.2d 833 (3d Cir. 1958). As we recently stated in
Crigler v. Commissioner, T.C. Memo. 2003-93 (citing the foregoing
authorities): “petitioner * * * cannot * * * disavow * * *
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