- 10 - purpose of showing that petitioner asked respondent to waive the section 6661 penalty. Petitioner reserved objections to certain stipulated facts proposed by respondent. Petitioner did not address the objections until his reply brief. Relying on Midkiff v. Commissioner, 96 T.C. 724, 734 (1991), affd. sub nom. Noguchi v. Commissioner, 992 F.2d 226 (9th Cir. 1993), respondent argues that because of petitioner’s failure to address his evidentiary objections at trial or on opening brief, petitioner has abandoned the objections reserved in the parties’ stipulation of facts. Midkiff held that objections not addressed in briefs are abandoned. While that case did not distinguish between opening and reply briefs, it would be unreasonable to allow a party to wait until filing a reply brief to address the party's objections, because it eliminates the opportunity for the adverse party to respond. We have found that petitioner in these cases waited until he filed his reply brief to address his objections; accordingly, we hold that petitioner did not preserve his objections.5 The Plan Distribution 5 Despite our holding that petitioner’s objections were abandoned, we note that we did not rely on the statements contained in the declarations of Bruce A. Hughes, which petitioner argued are hearsay. Furthermore, the substance of respondent’s internal request for technical advice was not relevant to the legal conclusions reached in these cases.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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