- 21 -
Court, the presiding Judge “is the trier of the facts, the judge
of the credibility of witnesses and of the weight of the
evidence, and the drawer of appropriate inferences.” Hamm v.
Commissioner, 325 F.2d 934, 938 (8th Cir. 1963), affg. T.C. Memo.
1961-347; see Commissioner v. Scottish Am. Inv. Co., 323 U.S.
119, 123-124 (1944).
The legislative history of section 7429 makes clear that a
determination of the taxpayer’s liability for tax is unrelated to
the jeopardy assessment proceeding:
A determination made under new section 7429 will
have no effect upon the determination of the correct
tax liability in a subsequent proceeding. The
proceeding under the new provision is to be a separate
proceeding which is unrelated, substantively and
procedurally, to any subsequent proceeding to determine
the correct tax liability, either by action for refund
in a Federal District Court or the Court of Claims or
by a proceeding in the Tax Court.
S. Rept. 94-938, at 365 (1976), 1976-3 C.B. (Vol. 3) 57, 403;
see also Petzoldt v. Commissioner, 92 T.C. 661, 674-675 (1989).
5. Conclusion
Petitioners introduced evidence relating to the amount of
petitioner’s cash hoard, but a substantial amount of that
evidence was not credible. Section 7491(a)(1) refers to credible
evidence relating to “any factual issue”. We do not place the
burden on respondent to prove one part of that issue and on
petitioner to prove the rest. Thus, petitioners bear the burden
of proving the amount of the cash hoard.
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: May 25, 2011