Richard and Judith Haeder - Page 4




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               (15) whether petitioners are liable for accuracy-related               
          penalties under section 6662(a) and (b)(2) for 1989, 1990, and              
          1993 because of substantial understatements of their income tax.            
                                  FINDINGS OF FACT3                                   
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts filed by the parties is incorporated in            
          this opinion by this reference.                                             
          Background                                                                  
               Petitioners resided in Rapid City, South Dakota, when they             
          filed their petition.  Hereinafter, references to petitioner are            
          to Richard Haeder, and references to Mrs. Haeder are                        
          to Judith Haeder.  For each of the years in issue, petitioners              
          claimed dependency exemptions for two minor children.                       
               After completing a clerkship in Washington, D.C., petitioner           
          had started working for a large law firm located in Portland,               
          Oregon, in 1967.  During the years at issue, petitioner was an              
          attorney licensed to practice law in the States of Oregon and               


               3Contrary to Rule 151(e), which governs the form and content           
          of briefs submitted to the Tax Court, petitioners provided in               
          their opening brief a “statement of facts” that was not presented           
          in numbered statements and that, for the most part, did not give            
          references to the pages of the transcript, exhibits, or other               
          sources relied upon to support the statements contained therein.            
          Furthermore, in their reply brief, petitioners did not set forth            
          objections to respondent’s proposed findings of fact.                       
          Consequently, in our findings of fact, we have relied heavily               
          upon respondent’s proposed findings.  By failing to follow the              
          Court’s Rules, “petitioners have assumed the risk that we have              
          not considered the record in a light of their own illumination.”            
          Monico v. Commissioner, T.C. Memo. 1998-10.                                 





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