Sue Taylor - Page 3

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               (1) Whether petitioner is liable for deficiencies for her              
          taxable years 1999 and 2000;                                                
               (2) whether petitioner is liable for penalties under section           
          6662(a) for her taxable years 1999 and 2000; and                            
               (3) whether the Court should impose a penalty, sua sponte,             
          under section 6673.                                                         
                                  FINDINGS OF FACT                                    
          I.   Background                                                             
               Some of the facts have been deemed stipulated pursuant to              
          Rule 91(f) and are so found.3  The stipulated facts, with                   
          accompanying exhibits, are incorporated in our findings by this             
          reference.  At the time this petition was filed, petitioner                 
          resided in Gilbert, Arizona.                                                


               2(...continued)                                                        
               As to respondent’s concession, this Court has the discretion           
          to accept or reject an offered concession.  McGowan v.                      
          Commissioner, 67 T.C. 599, 604-607 (1976)(“All concessions,                 
          including stipulated settlement agreements, are subject to the              
          Court’s discretionary review.  Only through this process can the            
          interests of justice be protected.”  Id. at 607.).  In this case,           
          we reject $10,308 of respondent’s concession due to the                     
          mathematical calculation error.                                             
               3 Petitioner objected to many of the paragraphs in the                 
          Stipulation of Facts as well as questions from respondent during            
          direct examination on Fifth Amendment grounds.  The Court                   
          informed petitioner on more than one occasion that even if it was           
          found to be applicable, she was not permitted to use the Fifth              
          Amendment privilege as both a sword and a shield.  See United               
          States v. Rylander, 460 U.S. 752, 758 (1983); Ruocco v.                     
          Commissioner, 346 F.3d 223, 224 (1st Cir. 2003), affg. T.C. Memo.           
          2002-91; Lehmann v. Commissioner, 63 Fed. Appx. 412, 413 (9th               
          Cir. 2003); see also infra Part II, Petitioner’s Fifth Amendment            
          Claims.                                                                     




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