32 1. Whether To Shift the Burden of Proof Respondent contends that the appropriate sanction for the revenue agent's conduct in this case is to shift the burden of proof to respondent for 1992. We need not consider whether to shift the burden of proof because, as stated at paragraph II-D, above, shifting the burden of proof to respondent would not affect the result in this case. 2. Whether To Impose a Sanction on Respondent Respondent's agent's testimony was under oath. See sec. 7456. We do not know whether she knew that her initial denial that she had changed the 30-day letter was incorrect; but even if she did not know, we think she was not sufficiently mindful of her obligations to the Court and counsel in this case. The effect of her conduct was to cause petitioner to incur additional litigation expenses. As respondent concedes, the agent's conduct in the instant case warrants some sanction. Striking respondent's answer, as petitioner requests, would be equivalent to defaulting respondent. A court should consider whether less drastic sanctions are more appropriate before dismissing an action. Halaco Engg. Co. v. Costle, 843 F.2d 376, 381 (9th Cir. 1988). 10(...continued) that petitioner did not receive a copy of the 30-day letter in 1993 or 1994. See par. I-C. Similarly, we do not accept respondent's agent's testimony about when she changed the 30-day letter.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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