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HENRY v. COMMISSIONER

Docket No. 26254-96.

81 T.C.M. 1498 (2001)

T.C. Memo. 2001-86

Fred Henry, v. Commissioner.

United States Tax Court.

Filed April 9, 2001.

Attorney(s) appearing for the Case

Robert G. Gargiulo, Bradenton, Florida, for the petitioner.

Stephen R. Takeuchi, for the respondent.

SUPPLEMENTAL MEMORANDUM OPINION

CHIECHI, Judge:

This case is before us on remand from the Court of Appeals for the Eleventh Circuit in Henry v. Commissioner, 234 F.3d 34 (11th Cir. 2000), vacating and remanding without published opinion [Dec. 53,427(M)] T.C. Memo. 1999-205. The Court of Appeals remanded this case for further consideration in light of Fabry v. Commissioner [2000-2 USTC ¶ 50,682],

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