Michael A. Lacher and Judith W. Lacher - Page 8




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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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