Inverworld, Inc., et al. - Page 206

                                                 - 61 -                                                   
            $10,867,511 for 1989.  The breakdown of these amounts is as                                   
            follows:                                                                                      
            Calendar       Type of Interest                                                               
              Year           or Dividend            Amount                                                
            1987               IFF                      $400,129                                          
                               MMA                      587,014                                           
                               Byte                     681,493                                           
            1988               IFF                      1,115,904                                         
                               MMA                      1,751,904                                         
                               InverCedes               220,178                                           
                               MMA II                   3,017,875                                         
                               Byte                     257,872                                           
            1989               IFF                      402,695                                           
                               MMA                      800,214                                           
                               Asset Management Account      12,222                                       
                               Eurodeposits             1,579,147                                         
                               InverCedes               1,434,760                                         
                               InverCede2               92,305                                            
                               Liquid Assets            379,880                                           

            11(...continued)                                                                              
            withholding tax for calendar year 1987.  Respondent contended                                 
            that, because the dividend was in the statutory notice of                                     
            liability for calendar year 1987, it was still in issue.                                      
            Petitioners objected to the dividend issue on the ground that it                              
            was raised "only on the eve of trial."  The Court denied the                                  
            motions as untimely.                                                                          
                  Respondent argues on brief that "the Court did not                                      
            specifically rule on petitioners’ objection" and that their                                   
            objection "should be overruled."  We believe that implicit in our                             
            denial of the motions to amend and to conform the pleadings to                                
            the proof was a ruling that petitioners’ objection was sustained.                             
            Consequently, we find that the $500,000 dividend is not an amount                             
            that is in issue for calendar year 1987 in the instant cases.                                 
                  For calendar year 1988, the parties’ stipulated joint                                   
            exhibit listed in brackets a dividend in the amount of $500,000                               
            but did not include such amount in the total amount that was                                  
            subject to withholding tax.  A dividend in the amount of $500,000                             
            was not included in the statutory notice of liability for                                     
            calendar year 1988.  Consequently, we find that the $500,000                                  
            amount listed as a dividend in the stipulated joint exhibit is                                
            not an amount that is in issue for calendar year 1988 in the                                  
            instant cases.                                                                                





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