David Allen - Page 24




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          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 a              







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