- 7 - Commissioner, 85 T.C. 527, 529 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). The burden of proof is on petitioner to establish that the determinations in the notice are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner is deemed to have admitted that he received the wage, self-employment, and interest income determined in the notice. Petitioner is also deemed to have admitted that he failed to file a return for 1991 and that that failure was because of willful neglect. Based on the deemed admissions in this case, and taking account of petitioner's failure to set forth facts showing that he is entitled to any deductions or exemptions other than those allowed in the notice, we conclude that respondent has satisfied her burden of proving that no genuine issue of material fact exists as to respondent's determi- nations for 1991 and that respondent is entitled as a matter of law to a decision thereon. Accordingly, we shall grant respon- dent's motion. Rule 121; Marshall v. Commissioner, supra at 272. To reflect the foregoing, An appropriate order granting respondent's motion for summary judgment and decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011