- 6 - loss claimed in 1983 and carried back to 1982.2 We held that petitioner was not entitled to relief as an innocent spouse because she had failed to prove that she satisfied the lack of knowledge requirement pursuant to section 6013(e). We did not address whether petitioner had satisfied the remaining requirements of section 6013(e). Discussion As in the prior case, Kline v. Commissioner, supra, the additions to tax here are affected items. Saso v. Commissioner, 93 T.C. 730, 734 (1989). It is well established that the Commissioner's deficiency determination carries with it a presumption of correctness, and the taxpayer bears the burden of proving that the determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Our Rules provide that the failure of a party to appear at trial may result in entry of decision against that party. Specifically, Rule 123 provides in pertinent part: (b) Dismissal: For failure of a petitioner properly to prosecute or to comply with these Rules or any order of the Court or for other cause which the Court deems sufficient, the Court may dismiss a case at any time and enter a decision against the petitioner. * * * 2 The partnership, American Indian Venture Capital Partnership, is the identical partnership involved in this case.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011