Mitra H. Salmassi - Page 3




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          (4) she should have relieved petitioner of failure-to-pay                   
          penalties for the years in issue.                                           
               At trial petitioner’s testimony was brief, dealing mostly              
          with a decline in the value of her stock portfolio.  She called             
          no witnesses, and she offered one document, which, because of               
          respondent’s relevance objection, we did not receive into                   
          evidence.  Respondent did not question petitioner, and he called            
          no witnesses of his own.  We set a briefing schedule, requiring             
          seriatim briefs, with respondent to go first.  We explained to              
          petitioner that, in her brief, she would be able to respond to              
          respondent’s brief and to raise any additional arguments she                
          wished to raise.  Petitioner agreed that she was satisfied to               
          proceed that way.                                                           
               Respondent filed an opening brief of 21 pages, requesting 34           
          proposed findings of fact and addressing petitioner’s claims as             
          summarized by the Court at trial.  Petitioner filed an answering            
          brief of one page (plus cover sheet), in which she describes her            
          loss of employment in 1997 and the challenge, since that time, of           
          living on savings in a declining securities market.  She states             
          that, in the spring of 2006, she took a large distribution from             
          her retirement account to pay down her credit card debt of over             
          $120,000.  She further states that, in the spring of this year,             
          she took another large distribution in order to rebuild an                  
          investment portfolio and to prepare for upcoming expenses,                  
          including exploring employment and business opportunities and a             
          possible home purchase.                                                     






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