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FINDINGS OF FACT
The parties have stipulated most of the facts, which we
incorporate herein by this reference. When petitioner filed his
petition, he resided in Bergen, New York.
A. 1987 Notice of Deficiency
Petitioner and his wife, Carole E. Hiltz (Carole), timely
filed a joint 1987 Federal income tax return. By notice of
deficiency dated December 6, 1993, respondent determined a $5,358
deficiency and a $1,340 section 6661 addition to tax with respect
to petitioner and Carole’s 1987 joint tax.2 Petitioner received
the notice of deficiency but did not petition the Tax Court.
B. Bankruptcy Proceedings
On August 12, 1992, petitioner and Carole filed a petition
for chapter 11 bankruptcy in the U.S. Bankruptcy Court in the
Western District of New York. On January 11, 1994, the
bankruptcy court entered a final decree dismissing the chapter 11
bankruptcy case. Petitioner and Carole’s 1987 tax liability was
not discharged in the chapter 11 bankruptcy case.
On March 21, 1995, Carole (alone) filed a petition for
chapter 7 bankruptcy. On July 7, 1995, in the chapter 7
2 The deficiency resulted from the disallowance of a claimed
loss that petitioner and Carole attempted to carry back from 1990
to 1987.
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