instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
from the OSHA inspection after this incident were for repeat offenses, the repeat offense that appears pertinent to this ease was the failure to mark a container of hazardous chemicals so as to identify the chemical. The prior citation for such an offense is not in the record, and we are unable to determine whether the “repeat” aspect of the citation pertains only to the type of citation or to the particular location of the offending container. In any event, our supreme court has not yet held that OSHA citations are evidence that compels the conclusion that a coemployee was substantially certain that injury or death would occur. In fact, in two cases involving OSHA citations, the court has held that such citations would not support that finding. See Ex parte Martin, 733 So.2d at 396 (<HOLDING>), and Harris v. Simmons, 585 So.2d 906, 908 
 Holding statements: (A) holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury (B) holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur (C) holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur (D) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (E) holding governments position substantially justified where sufficient support existed in precedent
answer:
holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury


question:
Tax Court under subparagraph (A), until the decision of the Tax Court has become final. Rules similar to the rules of sec. 7485 shall apply with respect to the collection of such assessment. (ii) Authority to enjoin collection actions. — Notwithstanding the provisions of sec. 7421(a), the beginning of such levy or proceeding during the time the prohibition under clause (i) is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this subparagraph to enjoin any action or proceeding unless a timely petition has been filed under subparagraph (A) and then only in respect of the amount of the assessment to which the election under subsection (b) or (c) relates. 7 See Trent v. Commissioner, T.C. Memo. 2002-285 (<HOLDING>). 8 Respondent has adopted the following 
 Holding statements: (A) holding that the commissioner was not barred by sec 6330e1b from offsetting the taxpayers overpayments for later years against an earlier tax liability for which the taxpayer had claimed relief under sec 6015 (B) holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity (C) holding that a fpaa is the functional equivalent of a notice of deficiency because it serves to afford affected taxpayers that the commissioner has made a final administrative determination of their liability for particular tax years (D) holding the rule against taxpayer standing applies both to federal taxpayers and state taxpayers challenging state tax or spending decisions simply by virtue of their status as state taxpayers (E) holding this court generally lacks jurisdiction over the sec 6651a2 addition to tax for failure to pay tax
answer:
holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity


question:
OCGA § 16-6-11 (5) (“Aperson commits the offense of pimping when he or she... [ajids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to he divided on a pro rata basis.”); OCGA § 16-6-4 (c) (“Aperson commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.”); OCGA § 16-6-5 (a) (“A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any pl ate, 276 Ga. 736, 739 (2) (585 SE2d 616) (2003). 8 See Phillips v. State, 289 Ga. App. 281, 282 (1) (656 SE2d 905) (2008) (<HOLDING>). 9 See Character v. State, 285 Ga. 112, 120 
 Holding statements: (A) holding that a violation of the hearsay rule was harmless (B) holding that any error in admitting results of breath test through admission of breathalyzers certificate of inspection which defendant claimed constituted inadmissible testimonial hearsay was harmless when the jury acquitted defendant of driving under the influence with an unlawful bloodalcohol concentration (C) holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict (D) holding that defendant waived error of admission of hearsay testimony when he elicited it himself (E) holding 1 that administering a breath test is not a critical stage of the proceedings to which a sixth amendment right to counsel attaches and 2 that the results of a breath test are physical evidence  not testimonial  and thus no fifth amendment right to counsel attaches
answer:

holding that a violation of the hearsay rule was harmless