Paul R. Peete - Page 2

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          concessions,2 the sole issue for decision is whether petitioner             
          is liable for the penalty.  We hold that he is liable.                      
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated.  The stipulation of            
          facts, the stipulation of settled issues, and the attached                  
          exhibits are incorporated herein by this reference.  Petitioner             
          resided in Gardena, California, at the time his petition was                
          filed.                                                                      
               On Schedule C, Profit or Loss From Business, of his 2000               
          Form 1040, U.S. Individual Income Tax Return, petitioner claimed            
          a business loss of $60,044 for a principal business or profession           
          listed as “Marketing Sales”.  The loss comprised the following              
          claimed expenses:  (1) $2,007 for advertising; (2) $7,471 for car           
          and truck expenses; (3) $24,944 for depreciation and section 179            
          expense deduction; (4) $1,960 for mortgage expenses; (5) $1,268             
          for travel; (6) $1,295 for meals and entertainment; and (7)                 
          $21,099 for other expenses.  The other claimed expenses included:           
          (1) $4,955 for donations at Bible college; (2) $8,707 for repairs           
          service; (3) $699 for tax preparation fees; (4) $980 for                    


               2In a stipulation of settled issues, petitioner conceded               
          that he is liable for interest income of $68 and a taxable                  
          distribution of $1,917, and that he is not entitled to Schedule             
          C, Profit or Loss From Business, expenses of $60,044.  On brief,            
          respondent concedes that petitioner is not subject to the 10-               
          percent additional tax of $1,156 for early distribution under               
          sec. 72(t).  The remaining adjustments contained in the notice of           
          deficiency are computational in nature and will be resolved by              
          the parties in the Rule 155 computation.                                    




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