- 3 - (4) Is petitioner liable for 1989 and 1990 for the addition to tax under section 6651(a)(1)? We hold that he is. (5) Is petitioner liable for the years at issue for the accuracy-related penalty under section 6662(a)? We hold that he is to the extent stated herein. FINDINGS OF FACT3 Some of the facts have been stipulated and are so found.4 3 Unless otherwise indicated, our findings of fact pertain to the years at issue. 4 Petitioner contends for the first time on brief (1) that, when this case was called for trial, respondent changed the position which she set forth in the stipulation of facts (stipulation) that the parties had lodged before trial with respect to certain exhibits of petitioner that were attached to that stipulation and which related to his claims for certain charitable contributions, business expenses, nonbusiness bad debts, and long-term capital losses and (2) that respondent therefore violated the terms of that stipulation, thereby resulting in an injustice to peti- tioner. We disagree. The stipulation contained respondent's evidentiary objections and/or statements of position with respect to the stipulated exhibits of petitioner. Respondent expressly stated therein that, in stipulating that petitioner was attaching certain exhibits to the stipulation, respondent does not stipu- late that petitioner is entitled to any of the claimed items to which the exhibits of petitioner relate. Certain other portions of the stipulation and the exhibits of petitioner attached thereto were not clear to the Court, and at the beginning of the trial of this case the Court asked (1) respondent to clarify certain statements in the stipulation about respondent's position regarding the exhibits of petitioner that were attached to the stipulation, (2) the parties to clarify certain other statements about certain of those exhibits, and (3) the parties to address respondent's evidentiary objections to certain of those exhibits. The Court then (1) ruled on respondent's evidentiary objections and excluded certain portions of the stipulation and the exhibits of petitioner that were attached thereto and (2) received into evidence and made a part of the record in this case the remaining portions of the stipulation and the exhibits that were attached thereto.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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