- 7 - irrelevant. Mr. Ray's attempt to raise the burden of proof in light of the concessions at trial is patently unreasonable. As a further matter, we note that, even if the burden of proof were an issue, petitioners' argument is without merit. There is no question that a taxpayer generally bears the burden of proving that the Commissioner's determination is erroneous. See Rockwell v. Commissioner, 512 F.2d 882 (9th Cir. 1975), affg. T.C. Memo. 1972-133; INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). As previously indicated, we will not address Mr. Ray's other arguments. To do so may suggest that these arguments are tenable. The Court of Appeals for the Fifth Circuit responded to similar tax protestor arguments as follows: "We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit." Crain v. Commissioner, supra at 1417. The Court of Appeals for the Third Circuit followed Crain v. Commissioner, supra, in Sauers v. Commissioner, 771 F.2d 64, 67 (3d Cir. 1985), affg. T.C. Memo. 1984-367. The final issue pertains to respondent's motion for penalties and costs pursuant to section 6673.5 In their 5 Sec. 6673(a) provides: (1) Procedures instituted primarily for delay, etc.--Whenever it appears to the Tax Court that-- (A) proceedings before it have been instituted or maintained by the taxpayer (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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