Robert C. Curci - Page 9

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          at 116-117; Smith v. Commissioner, supra.  Petitioner’s course of           
          conduct throughout the proceedings demonstrates that these                  
          failures are due to petitioner’s willfulness, bad faith, or                 
          fault, and we conclude that dismissal of this case is                       
          appropriate.  Petitioner has not raised any issue upon which                
          respondent has the burden of proof.  See Rule 142(a); Welch v.              
          Helvering, 290 U.S. 111, 115 (1933) (Commissioner’s                         
          determinations in the notice of deficiency are presumed correct;            
          taxpayer bears the burden of proving them wrong).5                          
               To reflect the foregoing,                                              
                                                  An appropriate order of             
                                             dismissal and decision will be           
                                             entered.                                 






               5Because petitioner has not introduced any credible evidence           
          with respect to any factual issue and has failed to cooperate               
          with respondent’s requests for information, documents, meetings,            
          and interviews, the burden of proof does not shift to respondent.           
          See sec. 7491(a).  In addition, respondent has no obligation                
          under sec. 7491(c) to produce evidence that the secs. 6651(a)(1)            
          and 6654(a) additions to tax are applicable because petitioner is           
          deemed to have conceded the additions to tax by failing to assign           
          error to the additions to tax in the petition.  See Funk v.                 
          Commissioner, 123 T.C. 213, 217-218 (2004); Swain v.                        
          Commissioner, 118 T.C. 358, 363-364 (2002).  Even if respondent             
          had an obligation to produce evidence of petitioner’s liability             
          for the additions to tax, respondent’s obligation would be                  
          satisfied by the deemed admissions.                                         





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