David C. McDonald - Page 1















                                 T.C. Memo. 2007-358                                  


                               UNITED STATES TAX COURT                                


                          DAVID C. MCDONALD, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 22828-05.              Filed December 4, 2007.              


               Larry D. Harvey, for petitioner.                                       
               Randall L. Preheim, for respondent.                                    


                                 MEMORANDUM OPINION                                   

               VASQUEZ, Judge:  This case is before the Court on                      
          respondent’s motion for summary judgment pursuant to Rule 121.1             



               1  Unless otherwise indicated, all Rule references are to              
          the Tax Court Rules of Practice and Procedure, and all section              
          references are to the Internal Revenue Code in effect for the               
          year in issue.                                                              





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