Burien Nissan, Inc., et al. - Page 3




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          should be adjusted to account for additional interest deductions            
          beyond those claimed on its original Federal income tax returns;            
          (3) whether the Johnstons failed to report a $45,483 lump-sum               
          payment pursuant to a noncompetition agreement with Burien                  
          Nissan; (4) whether the Johnstons should have reported $290,000             
          of income in 1995 pursuant to a noncompetition agreement between            
          Mr. Johnston and Matthew B. West, Inc.; and (5) whether Burien              
          Nissan and the Johnstons are liable for the accuracy-related                
          penalties under section 6662(a).                                            
                                  FINDINGS OF FACT4                                   
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.                                      
               Burien Nissan’s mailing address was in Seattle, Washington,            


               4Burien Nissan and the Johnstons ignored Rule 151(e)(3),               
          which provides, in part:                                                    
               In an answering or reply brief, the party shall set                    
               forth any objections, together with the reasons                        
               therefor, to any proposed findings of any other party,                 
               showing the numbers of the statements to which the                     
               objections are directed; in addition, the party may set                
               forth alternative proposed findings of fact.                           
               Under the circumstances, we have assumed that Burien Nissan            
          and the Johnstons do not object to respondent’s proposed findings           
          of fact except to the extent that their statements on brief are             
          clearly inconsistent therewith, in which event we have resolved             
          the inconsistencies based on our understanding of the record as a           
          whole.  See Gleave v. Commissioner, T.C. Memo. 1997-276 n.3; see            
          also Estate of Jung v. Commissioner, 101 T.C. 412, 413 n.2                  
          (1993).                                                                     






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