Carolyn Webb - Page 18

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          standing pretrial order and Branerton Corp. v. Commissioner, 61             
          T.C. 691 (1974).  Petitioners were generally uncooperative in               
          providing respondent with documents and in stipulating facts as             
          required by Rule 91.  Petitioners consistently refused to address           
          the issue of income received for the years in issue.                        
          Nevertheless, petitioners continue to assert that they do not owe           
          any tax.  Petitioners have the burden of proof.  Rule 142(a).               
               Given this scenario, we normally would have imposed damages            
          against each petitioner pursuant to section 6673 for each of the            
          years in issue.  In this case, however, respondent conceded for             
          the first time at trial that Carolyn Webb was not liable for the            
          deficiencies determined against her for tax years 1987, 1988, and           
          1989.  Moreover, in the trial memorandum, Carolyn Webb raised a             
          substantive issue pertaining to her residence for the years in              
          issue, and whether California community property law is                     
          applicable to her for those years.  For these reasons, we decline           
          to impose damages against her.                                              
               With respect to petitioner, he had no grounds to support the           
          purported factual issue, raised for the first time in the trial             
          memorandum, concerning the application of community property law            
          with respect to him.  In fact, by asserting that he is not                  
          subject to California community property law for the years in               
          issue petitioner actually argued against his own interest.                  
          Petitioner's other arguments were completely frivolous.  We                 
          further find that petitioner instituted and maintained these                



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