- 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 Next
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