- 18 - 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 thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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