James D. and Rita K. Snyder - Page 14




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                    (A) the taxpayer has complied with the                            
                    requirements under this title to substantiate                     
                    any item; [and]                                                   
                    (B) the taxpayer has maintained all records                       
                    required under this title and has cooperated                      
                    with reasonable requests by the Secretary for                     
                    witnesses, information, documents, meetings,                      
                    and interviews; * * *                                             
          The burden is on the taxpayer to show that the prerequisites are            
          satisfied.  See H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3           
          C.B. 747, 994-995.  At trial, counsel for petitioners (who has              
          since withdrawn as counsel) conceded that petitioners bear the              
          burden of proof with respect to the deficiencies determined by              
          respondent.  We accept that concession and so find.6                        
               Respondent bears the burden of production with respect to              
          penalties.  See sec. 7491(c).                                               
          II.  Deficiencies in Tax                                                    
               A.  Introduction                                                       
                    1.  Petitioners’ Arguments                                        
               Respondent has adjusted petitioners’ income by attributing             
          to petitioners items of income reported by Complete Connections             
          Trust and J&R Trust.  Respondent has done so under the various              


               6  Even if petitioners had not (by their counsel) so                   
          conceded, there is evidence to support such a finding.  For                 
          instance, petitioners failed to respond to respondent’s                     
          interrogatories (and were sanctioned by the Court for such                  
          failure) and failed to cooperate with respondent in stipulating             
          facts for trial.  Respondent’s motions to compel production of              
          documents and responses to interrogatories contain a litany of              
          petitioners’ failures to provide information to respondent during           
          the audit of their income tax returns or cooperate in preparation           
          of this case for trial.  Petitioners have provided no rebuttal to           
          such litany.                                                                



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