Robert L. Boehm and Winona J. Mowrey - Page 2




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                        Robert L. Boehm and Winona J. Mowrey                          
                            Docket No. 14355-97                                       
                                                            Penalty                   
          Taxable Year Ended           Deficiency           Sec. 6662                 
          December 31, 1993             $30,974             $6,195                    

                          Crestmark Mortgage Services, Inc.                           
                          Docket No. 14356-97                                         
                                                            Addition to Tax           
          Taxable Year Ended            Deficiency          Sec. 6651                 
          July 31, 1994                 $8,781              $2,195                    
               After concessions, the issues for decision are:  (1) Whether           
          petitioners Robert L. Boehm and Winona J. Mowrey (the individual            
          petitioners) are entitled to a deduction of $103,056 for a “Real            
          Estate & Mortgage Rate Market Fee” claimed on their Schedule A              
          for taxable year 1993; (2) whether the individual petitioners are           
          liable for section 6662(a) accuracy-related penalties; and (3)              
          whether petitioner Crestmark Mortgage Services, Inc. (Crestmark)            
          is entitled to a deduction for business expenses claimed on its             
          corporate income tax return for the year ended July 31, 1994.1              


               1 Respondent determined that Crestmark should have included            
          in taxable income interest imputed under sec. 7872 on the unpaid            
          balance of certain loans that Crestmark made to petitioners.                
          Respondent also asserted an addition to tax against Crestmark for           
          failure to file a timely return.  Petitioners failed to present             
          any evidence with regard to these issues at trial.  On opening              
          brief, petitioners listed both issues but failed to argue them.             
          Respondent dealt with both issues in his brief in answer.                   
          Petitioners did not address either issue in their brief in reply.           
          We treat petitioners’ failure to argue as, in effect, a                     
          concession of these issues.  See Rule 151(e)(4) and (5);                    
          Sundstrand Corp. & Subs., Inc. v. Commissioner, 96 T.C. 226, 344            
                                                             (continued...)           



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