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paid by the insurance company as provided by the
insurance policy; he actually received a reduced amount
of funds in 2002 from his federal court case, and
lawyers therein withheld most of said funds pending
outcome of the other case on attorney fees for the
federal court case; further, he did indeed pay premiums
for health and disability insurance coverage through
his employer, Time Warner; and that, if any deficiency
is sustained against him, then he is entitled to such
exemptions, credits and deductions including earned
income credit as allowed for a married man with three
children and others that apply to his circumstances.
There were no documents, records, or affidavits attached to the
offer of proof to substantiate any of the statements made
therein.
Additionally, petitioner never sought to be relieved of the
deemed admissions in this case. The deemed admissions include
that petitioner paid no premiums toward his insurance policy,
that Connecticut General’s 2002 payment of $269,474 to petitioner
was in satisfaction of the insurance company’s requirement to pay
to petitioner 66-2/3 percent of his salary as a disability
payment, that the 2002 Form W-2 for $269,474 included no Federal
income tax withholding, that petitioner earned interest income of
$972 and $15 from Citibank in 2002 on the escrow account and a
U.S. savings bond, respectively, that petitioner’s failure to
file timely the 2002 tax return was not due to reasonable cause
and was due to willful neglect, and that the section 6651(a)(1)
and (2) additions to tax are applicable for 2002.
Respondent objected to the motion to amend the petition and
to reopening the record. By order dated June 27, 2006, the Court
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