Keith F. Marason - Page 21

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          understated his gross income or blatantly claimed deductions that           
          he knew or should have known were for personal expenses and                 
          therefore unallowable.  Petitioner has the burden of proof on the           
          additions to tax and penalty issues, which he has failed to                 
          carry.  Bixby v. Commissioner, 58 T.C. 757 (1972); see                      
          Grzegorzewski v. Commissioner, T.C. Memo. 1995-49.  Respondent's            
          determinations are therefore sustained.                                     
               Respondent has conceded the substantial understatement                 
          penalty under section 6661 for 1988.                                        
               Respondent determined a 10-percent penalty under section               
          72(t) in the amount of $60 for a premature distribution made in             
          1988 from petitioner's Keogh account, a qualified retirement                
          plan.  Petitioner does not address this issue in either of his              
          briefs, and it is therefore deemed conceded.                                
               To reflect the above,                                                  
                                             Decision will be entered                 
                                        under Rule 155.                               


















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