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                                      I. Fraud                                        
               When respondent seeks to impose the addition to tax under              
          section 6653(b),11 respondent has the burden of proof.  To carry            
               10(...continued)                                                       
          paid to Gleave or for Gleave’s benefit.  Respondent also                    
          determined that Gleave is liable for self-employment taxes for              
          each of the years in issue.  On brief, respondent refers to this            
          income as being entirely dividend income.  Petitioners’                     
          contentions do not include any challenge to respondent’s implicit           
          self-employment income determinations in the notice of                      
          deficiency, nor to issues such as Kenmore’s earnings and profits            
          that would be relevant to a dividend characterization.  See,                
          e.g., Hagaman v Commissioner, 958 F.2d 684, 692, 695 (6th Cir.              
          1992), affg. and remanding T.C. Memo. 1987-549; DiLeo v.                    
          Commissioner 96 T.C. 858, 888-889 (1991), affd. 959 F.2d 16 (2d             
          Cir. 1992).  Also the parties do not discuss whether any portion            
          of these amounts should be treated as employee compensation for             
          Gleave’s personal services, which could affect both Gleave’s and            
          Kenmore’s tax liabilities.  In the circumstances of the instant             
          cases, we limit ourselves on this matter to what is disputed by             
          the parties.  E.g., George R. Holswade, M.D., P.C. v.                       
          Commissioner, 82 T.C. 686, 698 (1984); Estate of Fusz v.                    
          Commissioner, 46 T.C. 214, 215 n.2 (1966).                                  
               11   Sec. 6653(b) provides, in pertinent part, as follows:             
               SEC. 6653.  FAILURE TO PAY TAX.                                        
                              *   *   *   *   *   *   *                               
                    (b) Fraud.--                                                      
                         (1) In general.--If any part of any underpayment             
                    (as defined in subsection (c)) of tax required to be              
                    shown on a return is due to fraud, there shall be added           
                    to the tax an amount equal to 50 percent of the                   
                    underpayment.                                                     
                         (2) Additional amount for portion attributable to            
                    fraud.--There shall be added to the tax (in addition to           
                    the amount determined under paragraph (1)) an amount              
                    equal to 50 percent of the interest payable under                 
                    section 6601--                                                    
                              (A) with respect to the portion of the                  
                         underpayment described in paragraph (1) which is             
                                                             (continued...)           
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