- 7 - not satisfied the requirements of subparagraphs (B), (C), and (D) of section 6015(b)(1). Except as provided by section 6015, the electing spouse bears the burden of proving that he or she satisfies each requirement of section 6015(b)(1).5 See Rule 142(a). The record before us is devoid of any evidence establishing that petitioner meets all of the requirements of section 6015(b)(1) and that she is entitled to additional relief under section 6015. Failure to produce evidence, in support of an issue of fact as to which a party has the burden of proof and which has not been conceded by such party’s adversary, may be a ground for resolving the issue against that party. Rule 149(b). Furthermore, although facts may be established by stipulation, a stipulation of facts does not relieve the party bearing the burden of proof from producing evidence in support of factual findings that have not been adequately established by the stipulation. Id. Because petitioner must prove that she satisfies each requirement of section 6015(b)(1) in order to obtain additional relief under section 6015 and because petitioner has failed to introduce evidence that she satisfies the requirements of subparagraphs (B), (C), and (D) of section 6015(b)(1), respondent contends that petitioner is not entitled to relief from joint and several liability under section 6015 in 5Petitioner does not contend that sec. 7491 applies to this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011