Zacharia and Rawa Hadri - Page 5




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          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.                                             






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