Paul A. Gaskins - Page 5

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               In this case, respondent has moved for entry of decision.              
          The Court will grant the motion.  As a result of the Court’s                
          ruling of March 23, 2005, it was established that petitioner                
          received $51,114 as income.  See Swain v. Commissioner, 118 T.C.            
          358, 362 (2002).  On April 6, 2005, respondent conceded the                 
          remaining issues relating to the cancellation of indebtedness               
          income and the section 6662(a) penalty.  There are no issues                
          remaining.  Accordingly, petitioner received $51,114 of taxable             
          income in 2002, had no cancellation of indebtedness income, and             
          is not liable for a section 6662(a) penalty.                                
               Therefore, we shall enter a decision for respondent with               
          respect to the deficiency adjusted for respondent’s concessions.            
          Petitioner is liable for a tax deficiency of $8,071 for tax year            
          2002 with no section 6662(a) penalty.                                       
               In reaching our holding, we have considered all arguments              
          made and conclude that any arguments not mentioned above are                
          moot, irrelevant, or without merit.                                         
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                             for respondent.                          











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