- 5 - I. Arguments of the Parties A. Petitioners' Receipt of a Note Petitioners' argument that returns of capital are not gross income is well supported. Doyle v. Mitchell Bros. Co., 247 U.S. 179, 185 (1918). Unfortunately for petitioners, they have failed 1(...continued) the tax involved, and the issues to be decided. (3) Proposed findings of fact (in the opening brief or briefs), based on the evidence, in the form of numbered statements, each of which shall be complete and shall consist of a concise statement of essential fact and not a recital of testimony nor a discussion or argument relating to the evidence or the law. In each such numbered statement, there shall be inserted references to the pages of the transcript or the exhibits or other sources relied upon to support the statement. 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. (4) A concise statement of the points on which the party relies. (5) The argument, which sets forth and discusses the points of law involved and any disputed questions of fact. (6) The signature of counsel or the party submitting the brief. As to signature, see Rule 23(a)(3). Petitioners have failed to follow the requirements of Rule 151(e) by failing in their opening brief to individually set forth and number each statement of a proposed finding of fact and by failing, in many instances, to insert references to appropriate sources for the statements they make. In their reply brief, petitioners have failed to set forth any objections to the proposed findings of fact set forth in respondent's opening brief. The record in this case is not large and we have reviewed it completely; nevertheless, by their failure to follow our Rules, petitioners have assumed the risk that we have not considered the record in a light of their own illumination.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011