Mary Lee Sharer - Page 15

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                Pursuant to our direction that a decision in this case would                 
          be entered pursuant to Rule 155, respondent subsequently agreed                    
          that petitioner (1) was not liable for an addition to tax for                      
          failure to file under section 6651(a) for 1986, because her                        
          withholding tax credits exceeded the tax required to be shown on                   
          her return, (2) was not liable for an addition to tax for                          
          substantial understatement under section 6661 for 1987, because                    
          there was no substantial understatement of her tax for that year,                  
          and (3) was liable, in recomputed amounts, for additions to tax                    
          for negligence under section 6653(a), for 1986 and 1987.                           
                Petitioner failed to timely file her 1986 return.  As a                      
          result, in our opinion in Sharer v. Commissioner, supra, we                        
          originally determined that she would be liable for an addition to                  
          tax under section 6651(a) for 1986.  We further originally                         
          determined that petitioner would be liable for additions to tax                    
          for (1) negligence under section 6653(a), for 1986 and 1987, and                   
          (2) substantial understatement under section 6661, for 1986 and                    
          1987, if the Rule 155 computation reflected that she had                           
          substantially understated her tax for those years.                                 
                Respondent's position on these issues was substantially                      
          justified.  As discussed above, respondent's position on a number                  
          of other issues which we decided in petitioner's favor was                         
          reasonable and substantially justified.  If these other issues                     
          had been decided in respondent's favor, then the withholding                       
          credits would not have exceeded the tax required to be shown on                    




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