Larry D. and Sheryl J. Svoboda - Page 2

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               Scott M. Estill and Stephanie F. Long, for petitioners.                
               Richard D. D’Estrada, for respondent.                                  


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               VASQUEZ, Judge:  Respondent determined a deficiency of                 
          $2,474 in petitioners’ Federal income tax for 2001.                         
               The issues for decision are:                                           
               (1) Whether petitioners are entitled to claim a tax credit             
          pursuant to sections 381 and 44 for their subscription to the               
          AdaCom program (program); and                                               
               (2) if petitioners are entitled to a credit for their                  
          investment in the program, the proper valuation of the program.2            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference. At the time they filed               
          the petition, petitioners resided in Morrison, Colorado.                    
               During the year in issue, petitioners subscribed to the                
          program, which was sold, sponsored, and administered by AdaCon              


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               2  The parties also discussed deductions taken on                      
          petitioners’ 2000 tax return.  Petitioners’ 2000 tax year is not            
          before the Court.  Accordingly, we do not address this issue.               
          Rule 13(a).                                                                 




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