Richard P. Console - Page 6




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          wrong.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115                  
          (1933).  Petitioner is deemed to have stipulated that he                    
          understated his income tax liabilities for 1986, 1987, 1988, and            
          1989 in the amounts shown as deficiencies, and the record                   
          contains no evidence that would support a contrary finding.  Nor            
          does the record contain any evidence to prove wrong the                     
          deficiency for 1992 or the additions to tax under section                   
          6661(a).  For returns due before January 1, 1990, a taxpayer                
          whose return contains a substantial understatement of income tax            
          is liable for an addition to tax under section 6661 equal to 25             
          percent of the underpayment attributable to the understatement.             
          Pallottini v. Commissioner, 90 T.C. 498, 500-503 (1988).1                   
               As to respondent’s determination of these deficiencies and             
          additions thereto, petitioner relies solely on his argument that            
          the notice of deficiency is invalid because, he alleges,                    
          respondent impermissibly used grand jury material during the                
          audit underlying the notice of deficiency.  At trial, petitioner            
          called two witnesses to attempt to prove this allegation.  The              
          first witness was a special agent in respondent’s Criminal                  



               1 An understatement is substantial if it exceeds the greater           
          of:  (a) 10 percent of the tax required to be reported on the               
          return or (b) $5,000.  Sec. 6661(b)(1)(A)(i) and (ii).  An                  
          understatement is reduced to the extent:  (1) The position taken            
          resulting in the understatement was supported by substantial                
          authority, or (2) the taxpayer adequately disclosed in the                  
          return, or in an attachment, relevant facts relating to his or              
          her position.  Sec. 6661(b)(2)(B)(i) and (ii).                              





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