- 24 - in support of an issue of fact as to which a party has the burden of proof and which has not been conceded by such party's adversary, may be ground for dismissal or for determination of the affected issue against that party.” Petitioner did not introduce any evidence to support the allegations raised in the petitions. Petitioner's continued refusal to bring forward any evidence to support its position in docket Nos. 24986-97 and 24987-97 leads us to conclude that such evidence does not exist. Petitioner has failed to overcome inferences to be drawn from the proven facts or the presumptive correctness of respondent's determination. In sum, with respect to docket Nos. 24986-97 and 24987-97, we will (1) deny petitioner’s motions to dismiss for lack of jurisdiction, and (2) grant respondent’s motions to dismiss for failure to properly prosecute. Whether David Is Personally Liable for Taxes and Additions to Tax Arising From the Estate of Sloan We now consider whether David (as the executor and fiduciary of Sloan’s estate) is personally liable (pursuant to 31 U.S.C. section 3713(b)) for Federal estate and income taxes, and additions to tax, owed by the estate. Section 6901 provides for assessment, payment, and collection of a fiduciary’s liability under 31 U.S.C. section 3713(b). See sec. 6901(a)(1)(B). A fiduciary is defined as a personal representative, administrator, or any other person acting in aPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011