Manuel G. Lopez - Page 2




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            issues for which petitioner bears the burden of proof, this case                           
            should be dismissed for failure to properly prosecute; (2)                                 
            whether petitioner should be held in default as to the issues on                           
            which respondent bears the burden of production and/or proof;                              
            namely, petitioner’s liability for increased deficiencies and for                          
            additions to tax; and (3) whether a penalty should be awarded                              
            under section 6673.                                                                        
                  By separate notices of deficiency issued December 7, 1998,                           
            respondent determined deficiencies in Federal income taxes and                             
            additions to tax as follows:                                                               
                                                      Additions to Tax                                 
                  Year   Deficiency  Sec.6651(a)(1) Sec.6651(a)(2) Sec.6654(a)                         
                  1994   $3,334           $745.20           $678.96           $170.49                  
                  1995    5,060           1,128.37          727.17            273.52                   
                  1996    4,652           1,025.32          387.34            244.81                   
                                             Background                                                
                  The relevant facts may be summarized as follows.  Petitioner                         
            resided in Gordonsville, Virginia, at the time the petition was                            
            filed.2  The petition was filed on March 11, 1999, and Richmond,                           
            Virginia, was designated as the place of trial.  In the answer                             




                  2  It is unclear whether petitioner resided in Gordonsville,                         
            Va., or Fort Washington, Md.  In the petition petitioner shows                             
            Gordonsville, Va., as his address; however, in his amended                                 
            petition petitioner suggests that his residence was Fort                                   
            Washington, Md.  It does not appear that his residence affects                             
            any item.  For purposes of appeal, both Maryland and Virginia are                          
            within the venue of the Court of Appeals for the Fourth Circuit.                           





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