Elena Swain - Page 8




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          correctness of respondent’s deficiency determinations.  See                 
          Daniels v. Commissioner, T.C. Memo. 1981-58.  Respondent is                 
          entitled to summary adjudication with respect to the deficiencies           
          in question, and we shall enter decision for respondent that                
          there are deficiencies in tax of $82,807, $68,812, and $59,210,             
          for 1996, 1997, and 1998, respectively.                                     
          Penalties                                                                   
               Respondent argues for summary adjudication in his favor with           
          respect to the penalties on the same grounds as with respect to             
          the deficiencies; viz, that, because he prevailed with respect to           
          petitioner’s affirmative defense with respect to 1996, no                   
          additional assignments of error remain with respect to the                  
          penalties.  Respondent points out that, in Nis Family Trust v.              
          Commissioner, supra at 541 n.6, we left undecided whether,                  
          pursuant to Rule 34(b), a taxpayer failing to assign error to the           
          Commissioner’s determinations of penalties under section 6662               
          would be deemed to have conceded those penalties.  That is true.            
          In Nis Family Trust, we had no need to decide that issue since              
          the Commissioner supported his motion for partial summary                   
          judgment with respect to the section 6662 penalties with deemed             
          admissions made pursuant to Rule 90(c) that supported the                   
          imposition of those penalties.  Id. at 542-543.  Here we have no            
          such deemed admissions or, except possibly with respect to 1996             








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