Craig F. and Lynn M. Rehberg - Page 3

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               This matter is before the Court on the parties’ cross-                 
          motions for partial summary judgment under Rule 121.2  The issue            
          for decision is whether petitioners are liable for a tax                    
          liability that petitioners reported on their Form 1040X, Amended            
          U.S. Individual Income Tax Return, for the taxable year 1994                
          (amended return).  We hold that they are.  Accordingly, as                  
          explained in detail below, we shall grant respondent’s motion for           
          partial summary judgment and deny petitioners’ motion for partial           
          summary judgment.                                                           
               The record establishes and/or the parties do not dispute the           
               At the time that the petition was filed, petitioners                   
          (hereinafter referred to individually as Mr. Rehberg or Mrs.                
          Rehberg) resided in Bothell, Washington.                                    
               On October 19, 1994, petitioners sold their home near                  
          Seattle, Washington.3  Petitioners realized a gain of $53,226               
          from the sale of their home.4                                               
               On or about April 14, 1995, petitioners timely filed a joint           

               2  All Rule references are to Tax Court Rules of Practice              
          and Procedure.                                                              
               3  The evidence indicates that petitioners sold the house              
          because they needed funds for Mrs. Rehberg’s extensive medical              
          bills.  Since 1988, Mrs. Rehberg has been suffering from                    
          progressive-remissive multiple sclerosis.                                   
               4  All amounts are rounded to the nearest dollar.                      

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