Kenneth Frank Diller - Page 3




                                        - 2 -                                         
               Respondent determined for 2002 a deficiency in petitioner’s            
          Federal income tax of $8,877, an addition to tax under section              
          6651(a)(1) of $1,650, an addition to tax under section 6651(a)(2)           
          of $1,063, and an addition to tax under section 6654(a) of $239.            
          The issues for decision are whether petitioner:  (1) May exclude            
          under section 104(a)(2) certain damages received, (2) paid                  
          unreported business expenses, (3) is liable for the failure to              
          timely file addition to tax under section 6651(a)(1), (4) is                
          liable for the failure to pay timely addition to tax under                  
          section 6651(a)(2), and (5) is liable under section 6654(a) for             
          the addition to tax for failure to pay estimated tax.                       
                                     Background                                       
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  At the time the             
          petition in this case was filed, petitioner resided in Greeley,             
          Colorado.                                                                   
               For several years, until his independent sales contract was            
          terminated in 1999, petitioner worked for Cronatron Welding                 
          Systems, Inc. (Welding).  Petitioner then began working with Gard           
          Specialists Co. (Gard).  Gard was and is in the business of                 
          selling nuts, bolts, screws, traps, drills, grinding discs, and             
          chemicals for maintenance operations.  Petitioner continues to              
          work for Gard.                                                              








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