Ronald A. and Carol J. Lehrer - Page 3

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          pursuant to section 6662(a) of $202,668 for 2000, and a                     
          deficiency of $1,240,280 and a penalty pursuant to section                  
          6662(a) of $247,936 for 2001.                                               
               On February 10, 2004, petitioners timely filed a petition              
          with the Court disputing the notices of deficiency for the years            
          in issue.  On November 10, 2004, petitioners filed a motion for             
          leave to amend petition and proposed amendment pursuant to Rule             
          41(a).  Petitioners requested leave to file an amendment to                 
          petition and stated:                                                        

                    3.  The issue raised by the proposed amendment was                
               recently discovered after numerous conferences with Appeals            
               and review of Petitioners [sic] records for 2000 and 2001.             
               The audit for these years was just completed.                          
                    4.  The question raised in the proposed argument [sic]            
               is whether Petitioner, Ron Lehrer, was a trader in                     
               securities and, if so, whether the provision of �475(f)                
               apply [sic] so as to allow ordinary losses as well as                  
               ordinary gains in the years in question.                               
                    5.  The Amendment of this Petition was recently                   
               discussed with Respondent’s counsel and the Appeals officer.           
                    6.  All documents relating to the issue raised in the             
               proposed amendment have been furnished to Respondent.  The             
               applicability of �475(f) is basically a legal issue.                   
                    7.  Although it is in the discretion of the Court to              
               permit amendment of the Petition, the Court should permit              
               the Petitioners to amend their Petition to raise the issue             
               because all issues raised in the Notices, except the                   
               negligence penalty, have been settled.  The new issue was              
               recently discovered and, all documents relating to this                
               issue have been furnished to Respondent.                               








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