- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011