Hossam Helmy El-Bibany and Selma Hassan Kandil - Page 16

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          petitioners would suffer an unconscionable injury because of                
          their reliance on respondent’s concession at trial.  Although               
          petitioners did not file a brief in response, the record in its             
          entirety fails to demonstrate that petitioners suffered an                  
          unconscionable injury because of their reliance on respondent’s             
          misrepresentation.  Accordingly, we conclude that Mrs. Kandil’s             
          transportation expenses do not constitute qualified higher                  
          education expenses for purposes of section 72(t)(2)(E).                     
                                     Conclusion                                       
               We have considered all of the other arguments made by                  
          petitioners, and, to the extent that we have not specifically               
          addressed those arguments, we conclude that they are without                
          merit.                                                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect our disposition of the disputed issue, as well as           
          respondent’s concession,                                                    


                                             Decision will be entered                 
                                        under Rule 155.                               












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