Timothy C. Sadlier - Page 2

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          failed to appear at the calendar call on December 4, 1995, and no           
          one appeared on his behalf.  We decide this motion on the basis             
          of the parties' pleadings, admissions, written submissions, and             
          other acceptable materials.  For reasons stated below, we grant             
          respondent's motion.                                                        
                                     Background                                       
               Petitioner lived in Florida when he filed the petition in              
          this case.                                                                  
               By notice of deficiency dated November 1, 1994, respondent             
          determined that petitioner has a deficiency in Federal income tax           
          and an addition to tax and penalties as follows:                            
                                   Addition To Tax and Penalties                      
               Year   Deficiency   Sec. 6651(a)(1)  Sec. 6662   Sec. 6663             
               1989     $29,659        $6,589          $268      $21,240              

               Respondent determined that all but $1,339 of the deficiency            
          was attributable to fraud.  Respondent also determined that                 
          petitioner was liable for a penalty for negligence under section            
          6662 for this $1,339 part of the deficiency.                                
               On February 27, 1995, respondent filed an answer to                    
          petitioner's amended petition.  In it, respondent alleged:                  
               6. FURTHER ANSWERING the amended petition and in                       
               support of the determination that a part or all of the                 
               underpayment of tax required to be shown on the                        
               petitioner's income tax return for the taxable year                    
               1989 is due, in whole or in part, to fraud with the                    
               intent on the part of the petitioner to evade tax, the                 
               respondent alleges:                                                    






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