Richard and Judith Haeder - Page 40




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          Glenshaw Glass Co., 348 U.S. 426 (1955).  Petitioners have failed           
          to do so.  Accordingly, we sustain respondent’s determination.              
          Dividend Income                                                             
               Respondent determined that for 1992 petitioners overstated             
          their dividend income by $8,732.  At trial, petitioner appeared             
          to concede this issue.  In the stipulation of agreed adjustments            
          filed with the Court after trial, however, the parties included             
          this item in the list of adjustments still at issue.                        
               Petitioners nevertheless failed to address this issue in               
          their briefs.  Accordingly, we treat the dividend income issue as           
          conceded by petitioners, and we sustain respondent’s                        
          determination on this issue.  See Rule 151(e)(4) and (5);                   
          Petzoldt v. Commissioner, 92 T.C. at 683; Money v. Commissioner,            
          89 T.C. at 48.                                                              
          Additions to Tax for Failure To Timely File Tax Returns                     
               Respondent determined that for 1989 and 1990 petitioners               
          were liable for additions to tax under section 6651(a)(1) because           
          they failed to file timely returns or to show that they had                 




               15(...continued)                                                       
          that the burden of production regarding the Computerland prize              
          should shift to respondent under sec. 6201(d), petitioner offered           
          no evidence that he fully cooperated with respondent, and the               
          record in this case supports a conclusion that petitioner did not           
          fully cooperate with the Commissioner as required by sec.                   
          6201(d).  See Ketler v. Commissioner, T.C. Memo. 1999-68; Andrews           
          v. Commissioner, T.C. Memo. 1998-316; Hardy v. Commissioner, T.C.           
          Memo. 1997-97, affd. 181 F.3d 1002 (9th Cir. 1999).                         




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