David K. Straight - Page 3

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          should be to shift the burden of proof to respondent for 1992.              
          Petitioner contends that we should strike respondent's answer.              
               The notice of deficiency did not contain the explanation for           
          respondent's position which respondent had previously stated in             
          the 30-day letter.  Petitioner contends that respondent should              
          bear the burden of proof because the notice of deficiency did not           
          state the basis for the tax due as required by section 7522.                
          Respondent concedes that shifting the burden of proof is                    
          appropriate if section 7522 is violated, but contends that it was           
          not violated here.  The procedural issues for decision are:                 
               1.   Whether respondent should bear the burden of proof                
          because the notice of deficiency did not describe the basis for             
          the amounts of tax due as required by section 7522, or because of           
          respondent's agent's conduct in this case.  We need not reach               
          this issue because respondent prevails regardless of which party            
          bears the burden of proof.                                                  
               2.   Whether striking respondent's answer is an appropriate            
          sanction for respondent's agent's conduct in this case.  We hold            
          that, instead of striking respondent's answer, we will impose a             
          $5,000 penalty on respondent.                                               
               Section references are to the Internal Revenue Code in                 
          effect for the years in issue.  Unless otherwise indicated, Rule            
          references are to the Tax Court Rules of Practice and Procedure.            








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