Robert D. Grossman, Jr. - Page 6

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          the issues for decision are as follows:                                     
                    (1)  Whether the assessment and collection of                     
               deficiencies and additions to tax for 1983, 1984, and 1985             
               are barred by the statute of limitations, section 6501(a),             
               or are allowed under the fraud exception, section                      
               6501(c)(1), to the general period of limitations.                      
                    (2) If assessment and collection are not barred for               
               1983, 1984, and 1985, then, for each of those years--                  
                         (a) whether petitioner is liable for civil fraud             
                    additions to tax under paragraphs (1) and (2) of                  
                    section 6653(b) and, as to paragraph (2) of section               
                    6653(b), in what amounts.                                         


               3(...continued)                                                        
               We treat petitioner’s failure to argue as, in effect, a                
          concession by petitioner of these issues.  See subpars. (4) and             
          (5) of Rule 151(e); Sundstrand Corp. v. Commissioner, 96 T.C.               
          226, 344 (1991); Money v. Commissioner, 89 T.C. 46, 48 (1987).              
               In the notice of deficiency, respondent disallowed                     
          deductions for contributions to an I.R.A. under sec. 219 for                
          1983, 1984, and 1985, and determined that petitioner is liable              
          for an addition to tax for substantial understatement of                    
          liability under sec. 6661 for 1985.  Respondent dealt with both             
          of these issues on opening brief.  Petitioner neither listed nor            
          dealt with either of these issues on opening brief or answering             
          brief.  We conclude that petitioner has conceded these issues.              
          See subpars. (4) and (5) of Rule 151(e); Sundstrand Corp. v.                
          Commissioner, supra; Money v. Commissioner, supra.                          
               Unless indicated otherwise, all Rule references are to the             
          Tax Court Rules of Practice and Procedure.                                  







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