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liability. The opinion of the District Court in Allnut v.
Friedman, supra, was filed more than 2 years before petitioner
filed his returns for the years in issue.
C. Filing in 1997 of Petitioner’s Tax Returns for 1987-90 and
1992-97
Safoet A. Ashai, a certified public accountant (C.P.A.),
prepared petitioner’s Federal income tax returns for the years in
issue. Petitioner filed his returns for 1987-90 and 1992-95 on
March 10, 1997. His filing status was married filing separately
for the years in issue. Petitioner reported substantial gross
receipts from his excavating business for each year in issue. In
his returns for the years in issue, petitioner reported gains
from 49 items of property as follows:
Number Total Total Total
of Purchase Adjusted Sale Total
Year Items Price Basis Price Gain
1987 13 $529,000 $145,950 $293,400 $147,450
1988 7 474,000 84,420 272,000 187,580
1989 5 288,000 39,060 109,500 70,440
1990 24 1,896,000 511,519 1,014,000 502,481
2(...continued)
contested before and adjudicated by a judicial or
administrative tribunal of competent jurisdiction.
(2) The court may not so determine--
(A) the amount or legality of a tax, fine,
penalty, or addition to tax if such amount or legality
was contested before and adjudicated by a judicial or
administrative tribunal of competent jurisdiction
before the commencement of the case under this title;
or
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