Walter Raymond Wilkerson and Susan Gee Wilkerson - Page 2

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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             
               2  The parties' stipulation of facts and exhibits are                  
          incorporated by this reference.                                             

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