Mildred I. Criss, et al. - Page 19




                                       - 19 -                                         
               On the record before us, we find that respondent has satis-            
          fied the burden of production that respondent maintains respon-             
          dent has with respect to the respective accuracy-related penal-             
          ties under section 6662(a) that respondent determined to impose             
          on Ms. Criss and on Mr. Criss for the taxable years 1996 and                
          1997.13                                                                     
               Based on our examination of the entire record before us, we            
          shall grant respondent’s motion in each of the cases at docket              
          Nos. 9700-00 and 9701-00 in that we shall dismiss each of those             
          cases for failure by petitioner in each such case to prosecute              
          such case, and we shall enter a decision in each of those cases             
          sustaining the determinations that respondent made in the notice            
          to which each such case pertains.                                           
               In respondent’s motions in the cases at docket Nos. 9700-00            
          and 9701-00, respondent also asks the Court to impose a penalty             
          under section 6673(a)(1) on petitioner in each of those cases.              
          As grounds therefor, respondent contends that each of those                 
          petitioners (1) instituted proceedings in the Court primarily for           
          delay, (2) advanced frivolous and groundless positions in such              
          proceedings, and (3) unreasonably failed to pursue administrative           
          remedies.                                                                   



               13We are not deciding in the cases at docket Nos. 9700-00              
          and 9701-00 whether the Commissioner of Internal Revenue has the            
          burden of production in cases subject to sec. 7491(c) when a                
          taxpayer fails to appear for trial.                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011