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The Stipulation of Settled Issues provides that petitioners are
not entitled to the investment tax credits, business energy
investment credits, or any other tax benefits resulting from
their participation in SAB that they claimed on their 1981
Federal income tax return. Petitioners also conceded that the
underpayments in income tax attributable to their participation
in SAB were subject to the increased rate of interest pursuant to
section 6621(c). Accordingly, the issues remaining for decision
were: (1) Whether petitioners were liable for the additions to
tax under section 6653(a) for 1978, 1979, and 1981; (2) whether
petitioners were liable for the addition to tax under section
6659 for 1981; and (3) whether the assessments for 1978 and 1979
were barred by section 6501. At trial, again no evidence or
argument was presented concerning equality of treatment. Because
he was otherwise occupied on business in Europe, petitioner was
not present during the trial. However, at this trial the Court
received all of the evidence relevant to these issues, except for
petitioner’s testimony. Therefore, the Court held the trial
record open for the purpose of receiving petitioner’s testimony.
On October 25, 1999, the Court again calendared this case
for trial on March 6, 2000. On February 23, 2000, just days
before the case was called for trial and 6 years after this case
was partially tried, petitioners filed their second motion for
leave to file amended petition. In their amended petition,
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