Chester Valentine Gacioch - Page 3

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               Respondent determined a deficiency of $1,099 in petitioner’s           
          2000 Federal income tax.                                                    
               The sole issue for decision is whether a mutual fund                   
          distribution to petitioner is a capital gain dividend or a return           
          of capital.                                                                 
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioner resided in Sauquoit, New York, at the time            
          he filed his petition.  Section 7491(a) does not apply because              
          this case involves a legal issue.                                           
               On February 10, 2000, petitioner acquired 955.543 shares of            
          Vanguard U.S. Growth Fund (mutual fund) from The Vanguard Group             
          (Vanguard).  The shares were acquired at $43.45 per share, for a            
          total cost basis of $41,518.34.                                             
               In 2000, Vanguard distributed $7,118.80 to petitioner from             
          his mutual fund.  Vanguard sent petitioner a yearend statement,             
          which characterized the distribution as “Long-term gains”.                  
          Vanguard reported the $7,118.80 in Box 2a, Total Capital Gain               
          Distributions, on a 2000 Form 1099-DIV, Dividends and                       
          Distributions.  Respondent determined that the $7,118.80 was a              
          capital gain dividend.                                                      
               Petitioner timely filed his Form 1040, U.S. Individual                 
          Income Tax Return, for taxable year 2000.  On Schedule D, Capital           
          Gains and Losses, attached to petitioner’s Form 1040, petitioner            
          reported $23,245 in “Capital gain distributions” from 6 different           






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