Timothy L. and Jane Williams - Page 14

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          the audit was over and no one had asked any questions, it was                
          ASSUMED that the files and records were no longer needed, they               
          were destroyed.”  If there is insufficient evidence in the trial             
          record to establish the amount of petitioner’s basis, they argue,            
          the perfunctory handling of the audit is to blame, and it would              
          be unfair to make petitioners bear the consequences.  “In a                  
          criminal proceedings [sic] had the investigators failed to                   
          complete the investigation * * * ruling in favor of the defendant            
          would be appropriate.”                                                       
               Petitioners misunderstand the nature of this proceeding.  A             
          petition for redetermination of a deficiency is a request for a              
          trial on a clean slate of all disputed issues relating to the                
          taxpayer’s liability for the taxable year.  The factual record               
          assembled at the audit stage as a basis for the Commissioner’s               
          determinations is generally irrelevant; unlike a criminal                    
          proceeding in which the Government bears the burden of                       
          persuasion, generally the Commissioner is not required to come               
          forward with any evidence.  Potts, Davis & Co. v. Commissioner,              
          431 F.2d 1222, 1225 (9th Cir. 1970), affg. T.C. Memo. 1968-257;              
          Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327-328              
          (1974); Wisconsin Butter & Cheese Co. v. Commissioner, 10 B.T.A.             
          852, 854 (1928); Lyon v. Commissioner, 1 B.T.A. 378, 379-380                 
          (1925).  Petitioners are not entitled to claim any more basis                
          than they have proven with the few pertinent documents they                  
          retained and presented at trial.                                             



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