Wayne Smith - Page 7


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               Account Number      Portfolio Detail     Total Value                   
               * * * 1315          Mutual funds       $289,802.65                     
               * * * 1323          Cash/mutual funds      86,848.52                   

               The Kansas City Tax Clinic, in letters to respondent dated             
          May 5, 2005, and May 10, 2005, explained that petitioner’s                  
          withdrawals from the Bank of America accounts were due to his               
          inability to work as a result of general downsizing in the                  
          telecommunications market, his considerable personal expenses,              
          and his gambling addiction.  The May 5, 2005, letter contained a            
          Bank of America statement dated February 27 through March 28,               
          2001, showing that in the course of 1 month, petitioner withdrew            
          nearly $4,000 from ATMs which the Kansas City Tax Clinic                    
          describes as either “at the Woodlands racetrack,” or “the Argosy            
          Casino.”                                                                    
               Petitioner attached to his OIC Form 433-A, Collection                  
          Information Statement for Wage Earners and Self-Employed                    
          Individuals, on which he listed the following as his monthly                
          income and expenses:                                                        
                    Pension/Social Security         1$1,931.50                        
                    Food, clothing and misc.           (513.00)                       
                    Housing and utilities              (549.84)                       
                    Transportation                     (280.00)                       
                    Health care                        (183.24)                       
                    Taxes                              (253.16)                       
                    Income after expenses               152.26                        

               1We note that petitioner did not receive Social Security               
          payments, and will not be eligible to receive such payments until           
          the year 2010.  The $1,931.50 is solely the amount of the monthly           
          distribution from the IRA.                                                  







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Last modified: March 27, 2008