Francine Acquaviva - Page 29

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               Respondent determined that petitioner is liable for the                
          additions to tax discussed above.  Petitioner has offered no                
          evidence with regard to any of the additions to tax.  In fact,              
          petitioner's briefs fail to address the additions to tax.  The              
          burden rests with petitioner to prove that respondent's                     
          determinations are in error.  Rule 142(a).  We cannot be sure               
          that petitioner intended to abandon the issue, but in any case              
          respondent's determination of the applicable additions to tax               
          must be sustained with respect to any underpayment of tax or                
          substantial understatement resulting from the omission of income            
          in 1985 and from the constructive dividends in 1986 and 1987.               
               To reflect the foregoing and the concessions of the parties,           
                                                  Decision will be entered            
                                             under Rule 155.                          






















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