LUBART v. COMMISSIONER

Docket No. 20094-96.

74 T.C.M. 223 (1997)

T.C. Memo. 1997-343

Neil D. and Vy Lubart v. Commissioner.

United States Tax Court.

Filed July 28, 1997.


Attorney(s) appearing for the Case

Leonard L. Leighton, San Antonio, Tex., for the petitioners. Elizabeth A. Owen, for the respondent.


MEMORANDUM OPINION

PARR, Judge:

This case is before us on respondent's motion for summary judgment under Rule 121.1 Respondent determined a deficiency in petitioners' Federal income tax of $22,553 for the taxable year 1992, and an addition to tax under section 6651(a)(1) of $100 for failure to timely file. The term "petitioner" refers to Neil D. Lubart.

The issue for decision is whether petitioner may exclude from gross...

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