Ramzy M. and Lena Kopty - Page 13




                                        -13-                                          
         by October 18, 2000, the distributions received from Mr. Kopty’s             
         IRA amounted to most, if not all, of the proceeds realized from              
         the sale of the J.D. Edwards & Co. stock and the income realized             
         on those proceeds.                                                           
              Prior to filing petitioners’ return for 1998, Mr. Kopty had             
         sent a letter to the Internal Revenue Service dated May 27, 2000,            
         in which he explained why petitioners’ 1998 return had not been              
         filed.  Petitioner’s letter, which was mailed on June 6, 2000,               
         states as follows:                                                           
              Please be informed that the 1998 taxes are held up due                  
              to an error made by my ex-employer J.D. Edwards in the                  
              preparation of the Form 1099.  Please take note of the                  
              following:                                                              
              1.   The 1099 Form of J.D. Edwards indicates that                       
                   the gross distribution is US $467,817.48                           
                   attached.                                                          
              2.   J.D. Edwards claims that the calculation for the                   
                   above is based on 10,323 shares x $45.313 per                      
                   share.                                                             
              3.   According to the bank statement, Norwest                           
                   Investment Services the shares were $31.00 per                     
                   share when they were finally “free and clear” on                   
                   November 4, 1998.  As a matter of fact, the shares                 
                   were sold by Norwest Investment Services on                        
                   November 16, 1998, for a total of $339,203 which                   
                   is an average per share of $32.85.  This was put                   
                   in an IRA account.                                                 
              4.   I re-addressed this issue again with J.D. Edwards                  
                   and based on their last response they believe that                 
                   their calculation is correct.  From what appears                   
                   to be the issue is that J.D. Edwards has made                      
                   their calculation at a much higher price per share                 
                   on July 15, 1998.  On the other hand, the shares                   








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