David C. Jonson and Estate of Barbara J. Jonson, Deceased - Page 4




                                        - 4 -                                         
          references are to the Tax Court Rules of Practice and Procedure.            
          For convenience, monetary amounts have been rounded to the                  
          nearest dollar.                                                             
                                  FINDINGS OF FACT4                                   
               Some facts are stipulated and are so found.  The stipulation           
          of facts, with accompanying exhibits, is incorporated herein by             
          this reference.                                                             





               4  In part, Rule 151 provides as follows:                              
               RULE 151. BRIEFS                                                       
                         *    *  *  *    *  *  *                                      
                    (e) Form and Content:  * * *                                      
                         *    *  *  *    *  *   *                                     
                    (3)  * * *  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; in addition, the party may set                
               forth alternative proposed findings of fact.                           
               Petitioners have filed an answering brief, but petitioners             
          have failed therein to set forth objections to the proposed                 
          findings of fact made by respondent.  Accordingly, we must                  
          conclude that petitioners have conceded respondent's proposed               
          findings of fact as correct except to the extent that                       
          petitioners’ proposed findings of fact are clearly inconsistent             
          therewith.  See Estate of Freeman v. Commissioner, T.C. Memo.               
          1996-372; Fein v. Commissioner, T.C. Memo. 1994-370; Estate of              
          Stimson v. Commissioner, T.C. Memo. 1992-242; Cunningham v.                 
          Commissioner, T.C. Memo. 1989-260.                                          







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