3 in the determination that is the subject of this appeal. No one testified at the trial herein except petitioner W. C. Benson, and his testimony was rambling, discursive, and provided no facts, either through testimony or admissible exhibits, which would assist the Court in making meaningful findings of fact. Petitioners' brief was likewise of no assistance. We must conclude that, with the exception of the items specifically mentioned by the parties and included in the written stipulations, petitioners have completely failed to demonstrate any error with respect to respondent's determinations for the years 1990 and 1991. This includes the determined penalties under section 6662. These penalties were not mentioned at trial or on brief. It is uncertain whether petitioners intended to concede them or not; in any case, the burden of proof was on them, Enoch v. Commissioner, 57 T.C. 781, 803 (1972); Bixby v. Commissioner, 58 T.C. 757, 791 (1972), and petitioners failed to carry their necessary burden. Decision will be entered under Rule 155.Page: Previous 1 2 3
Last modified: May 25, 2011