- 5 - income tax deficiency and fraud penalty to $118,365.75 and $157,822, respectively, respondent sent petitioners a proposed stipulation of facts and discovery requests. Petitioners did not respond, and the proposed stipulation of facts was deemed established under Rule 91(f). The Court granted respondent’s motions to compel with respect to the discovery requests and issued an Order limiting petitioners’ ability to put on evidence with respect to matters sought by means of the discovery requests. Petitioners failed to appear at the October 15, 2001, Los Angeles, California, trial session. OPINION While petitioners must show that respondent erred in determining the income tax deficiency of $103,559, respondent must prove the increased deficiency of $54,263.3 See Rule 142(a); Achiro v. Commissioner, 77 T.C. 881, 889-891 (1981); Beck Chem. Equip. Corp. v. Commissioner, 27 T.C. 840, 856 (1957). We find petitioners have not shown that respondent erred in his initial determination, and respondent has proven that the increased deficiency is correct. At the onset, we note that respondent’s proposed stipulation 3 This amount is the excess of the $157,822 increased deficiency over the $103,559 deficiency determined in the statutory notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 Next
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