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When the agreement was reached, Midwest owed ITT $182,295, which
was attributable to the following:
Commissions on refunded premiums or
refundable commissions on lapsed policies $151,469
Unearned advance commissions 826
Loans 30,000
Total $182,295
OPINION
1. Preliminary Matter
At trial, the Court instructed each party’s counsel to file
briefs that adhered to the Tax Court Rules of Practice and
Procedure. Petitioner has filed both an opening brief and an
answering brief, as has respondent. Petitioner’s opening brief
does not comply with Rule 151(e), with respect to his proposed
findings of fact. Whereas Rule 151(e)(3) states that “there
shall be inserted references to the pages of the transcript or
the exhibits or other sources relied upon to support * * * [a
party’s proposed findings of fact]”, petitioner’s brief does not
refer us to the source of his proposed findings. At trial, the
Court reminded each counsel of the need to file opening briefs
containing references to the record to support proposed findings
of fact, as well as answering briefs referencing objections to
the other party’s proposed findings.
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Last modified: May 25, 2011