William W. Halle IV, and Janice C. Halle - Page 2

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          6651(a)(1)1 addition to tax of $2,989, and a section 6662(a)                
          accuracy-related penalty of $12,190.                                        
               Prior to or at trial, respondent made several concessions              
          resulting in a substantial reduction of the determined deficiency           
          and the elimination of the section 6651(a)(1) addition to tax.              
          Because of petitioner2 William Halle's contention that the notice           
          of deficiency was arbitrary and that the burden of proof shifted            
          to respondent, the concessions made by respondent are fully set             
          forth below.                                                                
               On petitioners' Schedule C attached to their 1990 Federal              
          income tax return, they claimed Schedule C business expenses in             
          the total amount of $117,871.  During the examination of their              
          return, respondent allowed in full the amounts claimed for                  
          repairs, travel, meals and entertainment, which totaled $4,026.             
          For all the remaining categories of expenses claimed on the                 
          return, respondent determined in the notice of deficiency that              
          petitioners were entitled to Schedule C expenses in the amount of           
          $63,013 and disallowed $50,832.  During the preparation of this             
          case for trial, respondent increased the amount of Schedule C               
          expenses to which petitioners were entitled by $6,072.91 and                


          1         Unless otherwise indicated, all section references are            
          to the Internal Revenue Code in effect for the taxable year 1990,           
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
          2         Subsequent references herein to petitioner individually           
          are to William W. Halle IV.                                                 




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