Leroy and Shirley Combs - Page 3




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          2001, Order to Compel Responses to Interrogatories and Documents,           
          and have made no meaningful attempt to participate in                       
          administrative proceedings, or the discovery process.  At trial,            
          respondent requested that the Court impose a penalty pursuant to            
          section 6673.  Despite several warnings by this Court, Mr. Combs            
          persistently asserted why he believes taxes are unconstitutional.           
                                       OPINION                                        
               At the outset, we note that petitioners failed to cooperate            
          with respondent and as a result, pursuant to section 7491, have             
          the burden of proof.  Petitioners’ primary contention is that               
          respondent’s determinations are not entitled to a presumption of            
          correctness.  We disagree.                                                  
               Respondent’s determinations were supported by substantive              
          evidence that the taxpayer received unreported income.  See Rapp            
          v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985)(holding that             
          once the Government introduces evidence linking the taxpayer with           
          income producing activity, the burden shifts to the taxpayer to             
          establish that the deficiency determination is arbitrary or                 
          erroneous); Weimerskirch v. Commissioner, 596 F.2d 358, 360-361             
          (9th Cir. 1979), revg. 67 T.C. 672 (1977); Petzoldt v.                      
          Commissioner, 92 T.C. 661, 687-690 (1989)(discussing Court of               
          Appeals for the Ninth Circuit authorities).  Petitioners had                
          unfettered control of trust property.  Petitioners had signatory            
          authority over, and drew checks on, trust bank accounts.  In                






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