Walton A. Sutherland - Page 4

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          exhibits are incorporated herein by this reference.  Some of                
          respondent's proposed findings of fact have been conceded by                
          petitioner and, accordingly, are so found.2                                 
               At the time of trial, petitioner was an attorney admitted to           
          practice law in the State of New York.  From 1974 through the               
          time of trial, petitioner was employed by the New York State                
          Department of Law.  In 1980 petitioner resided in New York City             
          with his sister, Hester Sutherland, and Hester's minor daughter,            
          Maude.  Sometime in the early 1980's, petitioner moved to 142               
          Romaine Avenue, Jersey City, New Jersey.  Hester and Maude moved            


          2    In part, Rule 151 provides as follows:                                 
                                  RULE 151. BRIEFS                                    
                                                                                     
                         *    *    *    *    *    *    *                              
               (e) Form and Content:  * * *                                           
                        *    *    *    *    *    *    *                              
               (3) * * * In an answering or reply brief, the party                    
               shall set forth any objections, together with the                      
               reasons therefor, to any proposed findings of any other                
               party, showing the numbers of the statements to which                  
               the objections are directed; in addition, the party may                
               set forth alternative proposed findings of fact.                       
               In the instant case, respondent filed an opening brief,                
          petitioner filed an answering brief, and respondent filed a reply           
          brief.  The answering brief fails to set forth objections to the            
          proposed findings of fact set forth in the opening brief.                   
          Accordingly, we must conclude that petitioner has conceded                  
          respondent's proposed findings of fact as correct except to the             
          extent that petitioner's proposed findings are clearly                      
          inconsistent therewith.  See Fein v. Commissioner, T.C. Memo.               
          1994-370 n.1; Estate of Stimson v. Commissioner, T.C. Memo. 1992-           
          242; Cunningham v. Commissioner, T.C. Memo. 1989-260 n.6.                   




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