- 3 - Discussion Petitioners bear the burden of proving that respondent's determinations in the notice of deficiency are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The fact that the case was submitted fully stipulated does not alter petitioners' burden of proof or the effect of a failure of proof. Rule 122(b); Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991).1 Federal employees eligible to participate in the CSRS make mandatory contributions from their salary to the Civil Service Retirement and Disability Fund (Fund). 5 U.S.C. secs. 8334(a), 8331(5) (Supp. 1991). The employing agency withholds such mandatory contributions from the employee's salary. 5 U.S.C. sec. 8334(a)(1). The amount so withheld for CSRS from an employee's salary is taxable in the year in which the mandatory 1Petitioners stipulated that Mr. Logsdon received a lump-sum payment in the amount of $62,873 but reported only $11,808 as income. After trial, petitioners seek relief from the above stipulation with regard to the amount received, attaching a copy of Mr. Logsdon's Form 1099R to their reply brief. Mr. Logsdon's Form 1099R had not been admitted into evidence when this case was accepted as fully stipulated on Oct. 2, 1995. Such evidence must be presented to the Court in accordance with the Rules governing trials. See Rule 143(b). On Oct. 2, 1995, the record in this case was closed. Accordingly, Mr. Logsdon's Form 1099R is not admitted into evidence and is not a part of the record. Moreover, by suggesting this change to the stipulation for the first time in their posttrial brief, petitioners are advancing a position that respondent was unable to develop for trial and that would prejudice respondent's case. Consequently, we shall not permit petitioners to qualify the parties' stipulation. Rule 91(e); Louisiana Land & Exploration Co. v. Commissioner, 90 T.C. 630, 648-649 (1988).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011