Janet Kline - Page 6

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            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.                              




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