- 8 - rebutted by clear and convincing evidence; and (3) section 66(b) and (c) does not apply in the instant case. Before focusing on the foregoing matters, we shall address petitioner's contention, which respondent disputes, that respon- dent has the burden of proving that Mr. Hardy has income for the years at issue.7 We conclude that respondent has the burden of proving that Mr. Hardy has income for 1983, a new matter that respondent did not determine in the notice,8 see Rule 142(a), and that peti- tioner has the burden of proving error in respondent's determina- tions in the notice that Mr. Hardy has income for 1984 and 1985, 7 We do not understand petitioner to contend that respondent also has the burden of proving (1) that the presumption under Nevada law that the income paid to and/or earned by Mr. Hardy during the years at issue is community income is not rebutted and (2) that sec. 66(b) and (c) does not apply in the present case. Even if we misunderstood petitioner's position regarding who has the burden of proof on those two matters, we conclude that (1) petitioner, who is the spouse claiming that the income paid to and/or earned by Mr. Hardy during the years at issue is not community income, has the burden under Nevada law to rebut by clear and convincing evidence the presumption under that law that that income is community income, see Pryor v. Pryor, 103 Nev. 148, 150, 734 P.2d 718, 719 (1987), and (2) petitioner, who relies on sec. 66(b) and (c), has the burden of proving that she has satisfied the requirements of that section. Cf. United States v. Shanbaum, 10 F.3d 305, 311 (5th Cir. 1994). 8 Petitioner does not even advance as a ground for her position that respondent has the burden of proving that Mr. Hardy has income for 1983 that that is a new matter that was not determined in the notice.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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