- 9 - and Petitioner Dennis P. Raquet. In the Stipulation of Settle- ment between Respondent and Petitioner Dennis P. Raquet, peti- tioner Dennis P. Raquet agreed to the deficiencies and additions to tax for the taxable years 1979 through 1982, including the increased deficiency of $29,913 for the 1982 tax year. Also at the calendar call, respondent filed with the Court a Motion to Dismiss for Lack of Prosecution as to petitioner Diana C. Raquet. OPINION Burden of Proof Respondent bears the burden of proof with respect to an increased deficiency. Here, respondent increased the deficiency determined in the notice of deficiency in her Amendment to Answer. The increase in deficiency was due to a clerical error in the preparation of petitioner's notice of deficiency. In the context of a case such as the one before us, where the increase in deficiency is based on a clerical or mathematical error in the notice of deficiency, respondent bears only the burden of estab- lishing the clerical or mathematical error. Petitioner retains the burden with regard to respondent's determinations. See Estate of Applestein v. Commissioner, 80 T.C. 331, 347 n.5 (1983); Beck Chem. Equip. Corp. v. Commissioner, 27 T.C. 840, 856 (1957); see also Kiehl v. Commissioner, T.C. Memo. 1986-54; Holtz v. Commissioner, T.C. Memo. 1982-436. We find that respondent has met this burden of establishing the clerical error throughPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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