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$8,022 section 6662 penalty.2 After concessions by both parties,
the issues that remain for decision are: (1) Whether petitioners
are deemed to have admitted the statements in respondent’s
requests for admission by not timely responding to those
requests, (2) whether petitioners are entitled to deduct expenses
claimed on Schedule C, Profit or Loss From Business, in amounts
greater than respondent allowed for petitioner Tedde M. Rinker’s
(Dr. Rinker) medical practice, (3) whether petitioners are
entitled to deduct personal medical expenses incurred in 1999 and
claimed on Schedule A, Itemized Deductions, (4) whether
petitioners may deduct prepaid interest paid in 1999 in excess of
the amounts conceded at trial by respondent, (5) whether
petitioners may deduct amounts allegedly contributed to a SEP-IRA
account in 1999, and (6) whether petitioners are liable for the
penalty imposed under section 6662.3
2 Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the year in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure.
3 Petitioner W. Bradford Davis attached to his pretrial
memorandum a Form 8857, Request for Innocent Spouse Relief. Mr.
Davis did not file any briefs with the Court, and the petition
makes no reference to sec. 6015 relief. The record does not
establish that he ever filed a Form 8857 with respondent.
Therefore, assuming that Mr. Davis has even raised the issue, we
find that he has abandoned his claim for sec. 6015 relief. See
Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989).
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Last modified: May 25, 2011