Charles J. and Francesca C. Sigerseth - Page 7




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          Francisco, California.  Due to petitioners’ failure to appear, we           
          orally dismissed the case for lack of prosecution as to                     
          petitioners' liability for the income tax deficiencies, and                 
          respondent’s motion for a section 6673 penalty was taken under              
          advisement.  On November 24, 2000, petitioners filed a document             
          with the Court continuing to make protester type arguments.                 
          Based upon those types of arguments, petitioners asserted that              
          they were not liable for any taxes, respondent had not proven               
          that they owed any taxes, and this Court, in any event, lacked              
          jurisdiction with regard to the dispute.                                    
                                     Discussion                                       
               Rule 123(b) provides that the Court may dismiss a case at              
          any time and enter a decision against a petitioner if he fails to           
          properly prosecute his case or to comply with the Rules or any              
          order of the Court.  Rule 123(b) generally applies in situations            
          where a petitioner bears the burden of proof; see also Rule                 
          142(a) (providing that the burden of proof is on a petitioner               
          unless otherwise provided by statute or determined by the Court);           
          Welch v. Helvering, 290 U.S. 111, 115 (1933).                               
               We note that when this case was called for trial, respondent           
          represented that the examination in the instant case commenced              
          after the effective date of section 7491.  See Internal Revenue             
          Service Restructuring & Reform Act of 1998 (RRA 1998), Pub. L.              
          105-206, sec. 3001(c), 112 Stat. 685, 727 (providing that sec.              






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