Brewer Quality Homes, Inc. - Page 3

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                                  FINDINGS OF FACT3                                   
               Some of the facts have been stipulated; the stipulations and           
          the stipulated exhibits are incorporated herein by this                     
          reference.                                                                  
               Petitioner was incorporated in Louisiana on August 1, 1977.            
          When its petition in the instant case was filed, petitioner’s               
          principal place of business was in Bossier City, Louisiana.                 
          Bossier City is in northwest Louisiana, on the east side of the             
          Red River, across from Shreveport.  Petitioner is located on Rte.           
          US 80.                                                                      


               3  Respondent’s counsel complied with the detailed                     
          requirements of Rule 151(e)(3) as to proposed findings of fact in           
          opening briefs; petitioner’s counsel did not.  As a result,                 
          respondent was deprived of the opportunity to explain why                   
          petitioner’s views of the facts were incorrect.  In our                     
          determinations, we have taken the foregoing into account and have           
          resolved many otherwise uncertain matters in favor of                       
          respondent’s view of the facts.                                             
               Petitioner’s counsel is put on notice that (1) the Rule is             
          designed both to facilitate the work of the Court and also to               
          provide a “level playing field” to the parties, and (2) the Court           
          will be inclined to impose formal sanctions in the event of                 
          future similar violations.                                                  
               Sec. 7491, which shifts the burden of proof to the                     
          Commissioner if the taxpayer meets certain conditions, is                   
          effective for court proceedings arising in connection with                  
          examinations beginning after July 22, 1998.  Internal Revenue               
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,              
          sec. 3001(a), 112 Stat. 726.  Respondent began examining                    
          petitioner’s 1995 and 1996 Federal corporate income tax returns             
          sometime in early 1997.  Accordingly, sec. 7491 does not apply in           
          the instant case.                                                           
               Unless indicated otherwise, all Rule references are to the             
          Tax Court Rules of Practice and Procedure.                                  




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