Robert L. Perkins - Page 4




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          any time elected to have section 475(f) apply to the securities             
          he held in 2000.                                                            
               Respondent sent petitioner a letter dated July 12, 2001,               
          requesting that petitioner complete a Schedule D with information           
          to support his entry of $55,778.28 in losses on line 13 of the              
          Form 1040.  Petitioner thereupon completed a Schedule D for 2000            
          and submitted it to respondent.  Petitioner's Schedule D reported           
          net short-term capital losses of $55,778.28 and no long-term                
          capital gains or losses.                                                    
               Respondent subsequently sent petitioner a so-called math               
          error notice3 dated September 3, 2001, which stated:  "We changed           
          your 2000 return.  As a result of these changes, you owe                    
          $30,965.64. * * * You figured your capital gains and losses on              
          Schedule D incorrectly."  Respondent did not send a notice of               
          deficiency to petitioner for 2000.                                          
               Petitioner responded to the math error notice by means of a            
          letter to respondent dated December 5, 2001, in which he                    
          maintained that his 2000 return as originally filed was correct,            
          including the position that no Schedule D needed to be filed.  In           
          response, respondent sent petitioner a Letter 105C dated March              
          20, 2002, advising of the disallowance of most of petitioner's              
          claimed $55,778.28 loss on the grounds that the loss was limited            


               3 See sec. 6213(b)(1).  The letter was headed "We Changed              
          Your Return-You Have an Amount Due".                                        






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