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Section references are to the Internal Revenue Code for the years
under consideration, and Rule references are to the Tax Court
Rules of Practice and Procedure. After concessions1 by the
parties, the issues remaining for our consideration are:
(1) Whether petitioners are liable for delinquency and/or
negligence penalties for 1988 and/or 1989; and (2) whether
petitioners have shown their entitlement to depreciation of
cattle claimed on their Schedule F for 1988 and 1989.
FINDINGS OF FACT2
At the time their petition was filed, petitioners, who at
all pertinent times were married, had their legal residence at
Richmond, Virginia. Petitioners' 1988 joint Federal income tax
return was received by respondent on April 3, 1990, and had an
extended due date of August 15, 1989. Petitioners' 1989 joint
Federal income tax return was received by respondent on
1 Respondent determined that petitioners are liable for an
addition to tax under sec. 6661 for 1988. At the trial,
petitioners did not mention this part of the determination. In
addition, the parties were required to file briefs in a seriatim
pattern, with respondent filing the opening brief. Petitioners
failed to file a brief in response to respondent's opening brief,
filed Sept. 23, 1997. Due to their failure to mention the sec.
6661 issue at trial and failure to provide argument and/or
explanation regarding it on brief, we consider this issue
abandoned, and respondent's sec. 6661 determination for 1988 is
sustained.
2 The parties' stipulation of facts and exhibits are
incorporated by this reference.
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