- 2 - Federal income tax (tax): Accuracy-Related Year Deficiency Addition to Tax Penalty 1995 $12,112 $0.00 $2,308.60 1996 12,050 602.35 2,410.00 1997 28,819 2,881.40 5,763.80 1998 16,671 0.00 3,334.20 1999 19,665 0.00 3,933.00 The only issue remaining for decision is whether the appli- cation of section 469 to petitioner’s claimed partnership losses for the respective years at issue violates the Due Process Clause of the Fifth Amendment to the Constitution of the United States. FINDINGS OF FACT All of the facts in this case, which the parties submitted under Rule 122, have been stipulated by the parties and are so found.2 Petitioner resided in Jericho, New York, at the time he filed the petition in this case. Petitioner practiced law as a tax attorney for decades, specializing in providing legal services to developers of real property, including low-income apartment complexes similar to those purchased and operated by the partnership in which peti- 2In violation of Rule 143(b), petitioner alleges on brief various facts (petitioner’s alleged facts) not stipulated by the parties and not otherwise supported by the record in this case. In further violation of that Rule, petitioner attached to his opening brief various documents (petitioner’s documents) that are not part of the record and that the Court had returned to peti- tioner. We shall not rely on petitioner’s alleged facts or petitioner’s documents.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007