- 3 - have been included in gross income; and (3) whether petitioners Russell E. Ballantyne and Clarice Ballantyne are liable for the accuracy-related penalties pursuant to section 6662(a)2 for 1994 and 1995 with respect to certain adjustments contained in the notice of deficiency. FINDINGS OF FACT3 Some of the facts have been stipulated and are so found. The stipulation of facts, the stipulations of settled issues, and the attached exhibits are incorporated herein by this reference. Petitioner Jean S. Ballantyne (Jean), who is the surviving spouse of Melvin W. Ballantyne (Melvin) and the executrix for the Estate of Melvin W. Ballantyne (the estate), resided in Minot, North Dakota, at the time the petition in docket No. 14848-99 was filed. At that time, the estate was under the jurisdiction of 2Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 3Russell and Clarice failed to comply with Rule 151(e)(3), which requires that “In an answering or reply brief, the party shall set forth any objections, together with the reasons therefor, to any proposed findings of any other party, showing the numbers of the statements to which the objections are directed”. Under the circumstances, we have assumed that Russell and Clarice do not object to respondent’s or the estate’s proposed findings of fact except to the extent that their statements on brief are clearly inconsistent therewith, in which event we have resolved the inconsistencies on the basis of our understanding of the record as a whole. Estate of Jung v. Commissioner, 101 T.C. 412, 413 n.2 (1993); Burien Nissan, Inc. v. Commissioner, T.C. Memo. 2001-116 n.4.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011