W.C. Benson and Linda R. Benson - Page 3

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          in the determination that is the subject of this appeal.  No one            
          testified at the trial herein except petitioner W. C. Benson, and           
          his testimony was rambling, discursive, and provided no facts,              
          either through testimony or admissible exhibits, which would                
          assist the Court in making meaningful findings of fact.                     
          Petitioners' brief was likewise of no assistance.                           
               We must conclude that, with the exception of the items                 
          specifically mentioned by the parties and included in the written           
          stipulations, petitioners have completely failed to demonstrate             
          any error with respect to respondent's determinations for the               
          years 1990 and 1991.  This includes the determined penalties                
          under section 6662.  These penalties were not mentioned at trial            
          or on brief.  It is uncertain whether petitioners intended to               
          concede them or not; in any case, the burden of proof was on                
          them, Enoch v. Commissioner, 57 T.C. 781, 803 (1972); Bixby v.              
          Commissioner, 58 T.C. 757, 791 (1972), and petitioners failed to            
          carry their necessary burden.                                               
                                             Decision will be entered                 
                                        under Rule 155.                               














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