James E. Anderson and Cheryl J. Latos - Page 2




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          Cheryl J. Latos and to Cheryl J. Latos, respectively.  We must              
          decide whether to sustain the determinations in those notices.              
          We hold that we shall to the extent stated herein.                          
                                  FINDINGS OF FACT                                    
               All of the facts in each of these cases, which petitioner              
          Cheryl J. Latos (Ms. Latos) and respondent submitted under Rule             
          122,1 have been stipulated by them and are so found except to the           
          extent stated herein.2                                                      
               At the time Ms. Latos and Mr. Anderson filed the respective            
          petitions in these cases, they resided in Wood River Junction,              
          Rhode Island.                                                               
          Case at Docket No. 16522-02L                                                
               During 1998, Mr. Anderson worked as a fisherman on a U.S.              
          fishing vessel that had a crew of less than ten people.                     
               Ms. Latos and Mr. Anderson jointly filed Form 1040, U.S.               
          Individual Income Tax Return (Form 1040), for their taxable year            


               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure.  All section references are to the Internal                  
          Revenue Code in effect at all relevant times.                               
               2In the case at docket No. 16522-02L, respondent filed a               
          motion to dismiss for lack of prosecution as to petitioner James            
          E. Anderson (Mr. Anderson), the former spouse of Ms. Latos.  The            
          Court shall grant that motion and shall enter the same decision             
          with respect to Mr. Anderson that the Court shall enter with                
          respect to Ms. Latos.                                                       
               Both Ms. Latos and Mr. Anderson are parties in the case at             
          docket No. 16522-02L, and only Ms. Latos is a party in the case             
          at docket No. 5829-06L.  For convenience, we shall generally                
          refer only to Ms. Latos, and not to Ms. Latos and Mr. Anderson.             





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