Wayne Smith - Page 6




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               The record reflects that at the time of his separation from            
          AT&T, petitioner started receiving a series of substantially                
          equal periodic payments, pursuant to section 72(t)(4), from one             
          of the two Bank of America accounts in the form of a monthly                
          distribution in the amount of $1,931.  Petitioner was still                 
          receiving this monthly amount at the time the present motions               
          were heard by the Court.                                                    
               Petitioner’s financial statements, which are included as               
          part of the record, contain the following information regarding             
          petitioner’s IRA accounts:                                                  


               Year      Amount Held in IRA    Amount Issued to Petitioner            
                         (Form 5498)                   (Form 1099-R)                  
               1998      $805,349                 $428,899                            
               1999           538,390                  83,373                         
               2000           383,631                  61,178                         
               2001           222,290                  80,077                         
               2002            159,406                 38,606                         
               2003           145,155                  23,177                         


               With respect to the establishment and value of petitioner’s            
          bifurcated accounts, and the amounts withdrawn on each, the                 
          record contains only one bank statement from the Bank of America            
          accounts, dated January 1-31, 2001.  This statement contains the            
          following information:                                                      










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