Dennis P. and Diana C. Raquet - Page 9

                                        - 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 through              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011