- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011