John R. Rinn and Donnie J. Rinn - Page 7

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               Section 7491 does not place the burden of proof on                     
          respondent in this proceeding for at least two reasons.  First,             
          petitioners did not testify, call any witnesses, or otherwise               
          introduce any evidence–-much less credible evidence--to show                
          error in respondent’s determinations of their proper income tax             
          liability.8  Second, petitioners obdurately refused to cooperate            
          with respondent’s numerous requests for records, information,               
          documents, and interviews.  Ultimately, in a summons enforcement            
          proceeding, a Federal District Court put Mr. Rinn in jail for his           
          noncompliance.  Only then did Mrs. Rinn finally produce the                 
          records that respondent had requested.                                      
               At trial, petitioners submitted a document wherein they                
          contend that the Fifth Amendment privilege against self-                    
          incrimination relieves them of any duty to cooperate with                   
          respondent’s requests for information.  Apart from submitting               
          this document, however, petitioners have not expressly invoked              
          any Fifth Amendment privilege against testifying in this                    
          proceeding, nor have they alleged any reasonable expectation that           
          testifying in this proceeding or cooperating with respondent’s              


               8 The parties stipulated some facts, including certain joint           
          exhibits, consisting primarily of the notices of deficiency (to             
          which are appended extensive workpapers upon which the deficiency           
          determinations were based) and petitioners’ 1993 and 1994 joint             
          Federal income tax returns.  None of the stipulations or                    
          associated exhibits tend to show any error in respondent’s                  
          determinations, apart from those respondent has conceded in this            
          proceeding.                                                                 





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