Peter Spuler, Jr. - Page 3

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          Revenue Code in effect for the years in issue, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined deficiencies, additions to tax, and              
          penalties in petitioner’s 1997 and 1998 Federal income taxes as             
          follows:                                                                    
                                   Addition to Tax     Penalty                        
               Year    Deficiency   Sec. 6651(a)(1)     Sec. 6662(a)                  
               1997      $7,571         $1,468.25      $2,212.20                      
               1998      24,052         5,341.75       4,288.40                       
          After concessions,1 the issues for decision are:  (1) Whether               
          petitioner is entitled to “married filing joint return” filing              
          status for the 1997 taxable year; (2) whether petitioner is                 
          liable for additions to tax for failure to file timely returns              
          for the 1997 and 1998 taxable years pursuant to section                     
          6651(a)(1); and (3) whether petitioner is liable for accuracy-              




               1  With respect to the 1997 taxable year, respondent                   
          concedes the issue whether petitioner had unreported capital gain           
          of $5,981, while petitioner concedes that he is not entitled to             
          either the self-employment health insurance deduction of $4,866             
          or a deduction for Keogh and self-employed SEP and SIMPLE plans             
          of $30,000.  With respect to the 1998 taxable year, respondent              
          concedes that petitioner did not have unreported taxable interest           
          income of $81 and unreported capital gain of $26,091 and that               
          petitioner is not liable for a tax deficiency and additional tax            
          under sec. 72(t) resulting from an IRA distribution of                      
          $19,908.16.  With respect to the 1998 taxable year, petitioner              
          concedes that he had unreported interest income of $80, that he             
          is not entitled to either the self-employment health insurance              
          deduction of $4,987 or the IRA deduction of $2,000, and that he             
          should have filed using the status of “married filing separate              
          return” instead of “head of household”.                                     




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