Frederick W. Haas and Donna S. Haas - Page 3

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               Respondent determined a deficiency of $6,079 and an                    
          accuracy-related penalty under section 6662(a) of $1,216 in                 
          petitioners’ 2001 Federal income tax.  After concessions,2 the              
          issue is whether petitioners are liable for a 10-percent                    
          additional tax under section 72(t) of $5,625.  At the time the              
          petition was filed, petitioners resided in Alpharetta, Georgia.             
               Petitioner (Frederick W. Haas) was a chemical engineer and             
          was employed by various chemical companies.  In 1977, he was                
          employed by British Petroleum (BP) and was employed by BP for a             
          number of years.  In 1992, he was employed by OHM Remediation               
          (OHM), a leader in the cleaning up of high hazard chemical                  
          spills.  OHM was bought by IT Corporation (IT) in 1998.                     
               During his years as a chemical engineer petitioner was                 
          exposed to various chemicals and became sensitive to various                
          chemicals.  In February 2000, petitioner’s doctor wrote that                
          petitioner “should avoid direct exposure to known liver toxins.             
          He may, however, participate in site surveys where the level of             
          protection recommended is Level C or Level D.”  On April 18,                
          2001, petitioner was told that his physical examination results             
          were in the normal limits range, but he was “restricted from                

               2 Petitioners concede that they omitted from gross income              
          $1,280 (State income tax refund), $26 (interest income from State           
          Farm Life Insurance Co.), and $254 (interest income from the U.S.           
          Treasury Dept.).  Respondent concedes the sec. 6662(a) penalty.             

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