- 3 - respondent bears the burden of proving fraud within the meaning of section 6653(b)(1)2 for the 1983, 1984, 1985, 1986, and 1987 taxable years, we consider here whether respondent has satisfied that burden. Respondent seeks to carry his burden, alternatively, by means of the deemed admissions in the Court’s records and by the allegations pleaded in respondent’s answer, which are treated as established, due to petitioner’s failure to appear and prosecute his case. See, e.g., Coninck v. Commissioner, 100 T.C. 495, 497 n.3 (1993). In this regard, respondent points out that petitioner’s reply did not contain a denial of all of respondent’s affirmative allegations, so that any such allegation not expressly admitted or denied is deemed admitted. See Rule 37(c). The matters deemed admitted by reason of petitioner’s default, or through the undenied allegations in respondent’s answer and through deemed admissions under Rule 90, are as follows: For the years 1983, 1984, 1985, 1986, and 1987, petitioner engaged in the business of farming and received income that he did not report in the amounts of $183,570, $187,755, $154,755, 2 Section references are to the Internal Revenue Code as amended and in effect for the period under consideration, and rule references are to this Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011