- 2 -
The decisions to be entered are not reviewable by any other
court, and this opinion should not be cited as authority.
By separate notices of deficiency respondent determined
deficiencies of $21,096 and $2,898 in petitioners’ 1997 and 1998
Federal income taxes, respectively. The issues are: (1) The
value of a condominium sold by petitioners in the taxable year
1997 to the U.S. Army Corps of Engineers (the Corps) under the
so-called Housing Assistance Program and (2) whether petitioners
are entitled to various deductions claimed on their 1997 and 1998
Federal income tax returns. Petitioners resided in Paso Robles,
California, at the time they filed the petitions in these cases.
We note initially that most of the disputed issues concern
petitioner Geraldine A. Bowers (hereinafter petitioner). Neither
she nor petitioner Keith T. Bowers appeared at the trial. This
is particularly troublesome here because petitioners have the
burden of establishing that respondent’s determinations are
erroneous. Rule 142(a); Helvering v. Taylor, 293 U.S. 507
(1935).2 Accordingly, while the parties executed a stipulation
of facts, there are, unfortunately, gaps in the record that are
sometimes crucial.
2 Petitioners have not satisfied the requirement to shift the
burden of proof to respondent under sec. 7491(a).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011