Larry Dean Sykes and Ruby Sykes - Page 21




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          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.                                    






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