Michael J. Kulzer & Jan K. Bielman-Kulzer - Page 17




                                        -16-                                          
          included in petitioner's "SBC Savings Plan", the Employee                   
          Deferred Tax Account, the Company Contributions Account, and the            
          Rollover Account.  According to that statement, the grand total             
          of those accounts amounted to $276,205.59 after a withdrawal of             
          $10,000 from the rollover account.  On the basis of that single             
          statement, petitioner contends that the balance of his SBC                  
          account was $286,205.59 as of July 16, 2001, the date of the                
          $10,000 distribution.  Similarly, the record contains page 1 of             
          only one statement from petitioner's account with OCTFCU.  The              
          other pages of the statement were not introduced into evidence.             
          On the basis of that partial statement, petitioners contend that            
          the balance in petitioner's OCTFCU IRA was $51,118.05 on December           
          1, 2001.                                                                    
               In a memorandum dated November 7, 2006, to respondent's                
          attorney, petitioner attempts to explain how he had arrived at              
          "$286,000", the account balance he used in his calculation of               
          substantially equal periodic payments.  Petitioner's memorandum             
          states:  "I cannot recreate exactly $286,000.00 but I will get              
          very close."  Petitioner's memorandum refers to the statement of            
          his SBC account and the statement of his OCTFCU account which are           
          described above.  Petitioner's memorandum then states as follows:           












Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: March 27, 2008