William Lenihan - Page 2

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          determined under section 6651(a)(2) and asserted an increase in             
          the addition to tax determined under section 6651(a)(1) of $535             
          (for a total addition under that section of $5,352).  At the                
          close of the trial, respondent made a motion to conform the                 
          pleadings to the proof for the purpose of asserting an increased            
          deficiency based on an item of gross income of petitioner’s wife            
          (should we determine that petitioner and his wife made a joint              
          return) and certain items of gross income reported on a return              
          respondent received on November 10, 2003 (the Nov. 10 return).              
          The Nov. 10 return reported items of income of which respondent             
          had been unaware when he determined the deficiency shown in the             
          notice.  We granted that motion.  In his reply brief, respondent            
          concedes that there is no increased deficiency on account of any            
          item of income of petitioner’s wife.  We accept that concession.            
               Taking into account various other concessions, the principal           
          issues remaining for decision are the amount of petitioner’s                
          gross income, whether petitioner is entitled to any deductions in           
          excess of the standard deduction and a deduction for a personal             
          exemption (and, if so, in what amounts), and the additions to tax           
          under sections 6651(a)(1) and 6654(a).1                                     

               1  By the amended petition, petitioner claims that the                 
          notice does not credit him with an overpayment of taxes from 1999           
          nor does it reflect the appropriation of petitioner’s funds from            
          his account at the Federal Credit Union in 2002.  Petitioner                
          filed a brief but failed to propose any facts or make any                   
          argument with respect to an overpayment of taxes for 1999 or an             
                                                             (continued...)           





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