- 8 - asserted that the Tax Court rule regarding stipulation “runs afoul of the Fifth Amendment.” During the conference telephone call with the parties, the Court advised petitioner that she faced several problems in this case, including the necessity of showing that the bank deposits in issue were not payment for her services and that income received by the chiropractic clinic should be treated as community property. The Court further advised her that business deductions to which she might be entitled had not been allowed and that penalties were likely to be imposed because this case appeared to be similar to other recent cases involving similar facts. Petitioner insisted that respondent had the burden of proof. The Court indicated that respondent could satisfy his burden by introducing the bank records into evidence. Petitioner stated that the records relating to the deductions were in storage. The Court suggested that, if petitioner made a good faith attempt to secure the records and to abandon the meritless arguments previously made by her, then, and only then, the Court would consider a continuance of the case. Petitioner stated that she would contact respondent’s counsel concerning the matters discussed. After the conference telephone call, the Court’s order to show cause was made absolute. On January 18, 2002, the Court received from petitioner a Motion to Continue, in which petitioner repeated her erroneous legal arguments. In addition,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011