Andrew J. Eberly and Ruthanne E. Eberly - Page 2

                              T.C. Summary Opinion 2006-45                            


                               UNITED STATES TAX COURT                                


               ANDREW J. EBERLY AND RUTHANNE E. EBERLY, Petitioners v.                
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 6926-04S.            Filed March 29, 2006.                  


               Gary C. Randall and James J. Workland, for petitioners.                
               Catherine L. Campbell, for respondent.                                 


               CARLUZZO, Special Trial Judge:  This case was heard pursuant           
          to the provisions of section 7463 of the Internal Revenue Code in           
          effect at the time the petition was filed.  Unless otherwise                
          indicated, subsequent section references are to the Internal                
          Revenue Code in effect for 2000.  The decision to be entered is             
          not reviewable by any other court, and this opinion should not be           
          cited as authority.                                                         






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