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FINDINGS OF FACT3
Some of the facts have been stipulated; the stipulations and
the stipulated exhibits are incorporated herein by this
reference.
Petitioner was incorporated in Louisiana on August 1, 1977.
When its petition in the instant case was filed, petitioner’s
principal place of business was in Bossier City, Louisiana.
Bossier City is in northwest Louisiana, on the east side of the
Red River, across from Shreveport. Petitioner is located on Rte.
US 80.
3 Respondent’s counsel complied with the detailed
requirements of Rule 151(e)(3) as to proposed findings of fact in
opening briefs; petitioner’s counsel did not. As a result,
respondent was deprived of the opportunity to explain why
petitioner’s views of the facts were incorrect. In our
determinations, we have taken the foregoing into account and have
resolved many otherwise uncertain matters in favor of
respondent’s view of the facts.
Petitioner’s counsel is put on notice that (1) the Rule is
designed both to facilitate the work of the Court and also to
provide a “level playing field” to the parties, and (2) the Court
will be inclined to impose formal sanctions in the event of
future similar violations.
Sec. 7491, which shifts the burden of proof to the
Commissioner if the taxpayer meets certain conditions, is
effective for court proceedings arising in connection with
examinations beginning after July 22, 1998. Internal Revenue
Service Restructuring and Reform Act of 1998, Pub. L. 105-206,
sec. 3001(a), 112 Stat. 726. Respondent began examining
petitioner’s 1995 and 1996 Federal corporate income tax returns
sometime in early 1997. Accordingly, sec. 7491 does not apply in
the instant case.
Unless indicated otherwise, all Rule references are to the
Tax Court Rules of Practice and Procedure.
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Last modified: May 25, 2011