- 6 - Here petitioner has the burden of proof to show that respondent's determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S 111 (1933); Beard v. Commissioner, 82 T.C. 766, 773 (1984), affd. 793 F.2d 139 (6th Cir. 1986). Petitioner has not met that burden in this matter as his only objections to respondent's determined deficiencies in and additions to tax are based on frivolous tax protestor arguments. We need not address these arguments,5 see Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). One of the purposes of summary judgment, as provided by Rule 121, is to isolate and dispose of factually unsupported claims or defenses. Celotex v. Catrett, supra at 324; see also Shiosaki v. Commissioner, 61 T.C. 861, 862 (1974). To that end, respondent's motion is appropriate in this case. Petitioner admits that he received "compensation" and that he did not file Federal income tax returns reporting income.6 We find that there is a complete failure of proof by petitioner; he can point to no evidence in the record to show that respondent's determinations are incorrect. Based on the record, respondent is entitled to establish one or more essential elements of a claim on which the opposing party has the burden of proof, trial would be a bootless exercise, fated for an inevitable result". 5We direct petitioner's attention to respondent's memorandum in support of her motion for summary judgment for cases holding petitioner's tired claims to be absurd. 6Petitioner refused to say whether he filed Illinois income tax returns for the years at issue.Page: Previous 1 2 3 4 5 6 7 8 Next
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