Paul M. Kirin - Page 4

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            1996, respondent filed her response.  Respondent contends that                                
            her calculations account for the investment tax credit sought by                              
            petitioner.                                                                                   
            Discussion                                                                                    
                  Petitioner argues that the decision document prepared by                                
            respondent fails properly to reflect an investment tax credit.                                
            Respondent has satisfied the Court, however, that the decision                                
            document properly reflects the particular adjustment sought by                                
            petitioner.  In light of petitioner's scant response to                                       
            respondent's motion for entry of decision, we agree with                                      
            respondent.  The record indicates that respondent provided                                    
            petitioner with two proposed decision documents.  Respondent                                  
            concedes that the first of these decision documents failed to                                 
            account for the credit sought by petitioner.  The record                                      
            indicates, however, that the second decision document properly                                
            accounts for the subject credit.                                                              
                  Respondent requests that the Court impose against petitioner                            
            and his counsel a penalty pursuant to section 6673(a)(1) and (2).                             
            In support of this request, respondent contends that petitioner                               
            advanced arguments primarily for the purpose of delaying entry of                             
            decision.  In the exercise of our discretion, we shall not grant                              
            respondent's request.                                                                         
                  To reflect the foregoing,                                                               
                                                 An appropriate order will be issued                      
                                                 granting respondent's motion for                         
                                                 entry of decision, and decision                          
                                                 will be entered accordingly.                             



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