Larry A. and Kathleen T. Monico - Page 5

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            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.                                 




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