- 3 - These cases having been consolidated for the purposes of trial, briefing, and opinion, petitioners assert that the foregoing items were instead the income of Landtrak Development Ltd. (Landtrak), a C corporation related to petitioners. We hold for respondent, for the reasons set forth below.2 For convenience, we combine our findings and opinion with respect to each petitioner and issue. Procedural Background Before we set forth our findings and our discussion of the substantive issues, we note that petitioners have repeatedly failed to comply with the deadlines set by this Court. This conduct has led to a lengthy delay in the resolution of these cases. 2 In the notice to petitioner Cristeen B. Comey, respondent also determined that Mrs. Comey received taxable Social Security income in the amounts of $2,831 and $1 for 1991 and 1992, respectively. Petitioners have stipulated, and we find, that Mrs. Comey received this income. Respondent also determined that Mrs. Comey was not entitled to a $2,071 real estate tax deduction claimed for 1992, for lack of substantiation. Petitioners did not address this issue at trial or offer any evidence relating to it. Accordingly, petitioners have failed to meet their burden of proof, and we find that Mrs. Comey is not entitled to the claimed deduction. See Rule 142(a) (burden of proof generally on taxpayer); Rule 149(b) (party’s failure to produce evidence, in support of issue of fact as to which party has burden of proof, may be ground for determination of issue against party); Interstate Transit Lines v. Commissioner, 319 U.S. 590, 593 (1943) (burden of clearly showing right to claimed deduction is on taxpayer).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011