- 5 - Discussion The stipulation proposed by respondent, the motion for order to show cause, the order to show cause, and the order deeming facts stipulated for purposes of this case were all consistent with Rule 91. The statements made in the stipulation and the documents attached to it were all matters “which fairly should not be in dispute.” Rule 91(a). Petitioner did not raise at any time a dispute as to the factual accuracy of the stipulation. His objections relate solely to his erroneous theory about respondent’s burden of proof and his Fifth Amendment privilege. Petitioner’s assertion that respondent has the burden of proof is not a sufficient objection to a proposed stipulation. Rule 91(a) specifically states that “The requirement of stipulation applies under this Rule without regard to where the burden of proof may lie with respect to the matters involved.” See, e.g., Console v. Commissioner, T.C. Memo. 2001-232. Petitioner’s argument that Rule 91(f) could not be applied without violating his Fifth Amendment privilege must be rejected. The phrase that comes readily to mind was first used by the U.S. Supreme Court in United States v. Sullivan, 274 U.S. 259, 264 (1927), to wit, a taxpayer may not “draw a conjurer’s circle around the whole matter” of his or her tax liability. See also Steinbrecher v. Commissioner, 712 F.2d 195, 198 (5th Cir. 1983), affg. T.C. Memo. 1983-12; McCoy v. Commissioner, 696 F.2d 1234Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011