James and Terri Carskadon - Page 6

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          petitioner can prove no set of facts in support of his claim                
          which would entitle him to relief.  Conley v. Gibson, 355 U.S.              
          41, 45-46 (1957); Price v. Moody, 677 F.2d 676, 677 (8th Cir.               
          1982).                                                                      
               The determinations of the Commissioner in a notice of                  
          deficiency are presumed correct, and the burden is on the                   
          taxpayer to show that the determinations are incorrect.  Rule               
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).3  In                  
          addition, any issue not raised in the pleadings is deemed                   
          conceded.  Rule 34(b)(4); Jarvis v. Commissioner, 78 T.C. 646,              
          658 n.19 (1982); Gordon v. Commissioner, 73 T.C. 736, 739 (1980).           
          Because petitioners failed to raise any justiciable facts or                
          issues in their petition, failed to file an amended petition, and           
          failed to appear for hearing, we grant respondent’s motion to               
          dismiss.  See Klein v. Commissioner, 45 T.C. 308 (1965);                    
          Goldsmith v. Commissioner, 31 T.C. 56 (1958); Weinstein v.                  
          Commissioner, 29 T.C. 142 (1957).                                           
               Finally, we turn to the portion of respondent’s motion that            
          moves for a penalty pursuant to section 6673.  Section 6673(a)(1)           
          authorizes the Tax Court to require a taxpayer to pay to the                


               3  Sec. 7491 does not apply in this case to place the burden           
          of proof on respondent because, among other reasons, the                    
          examination was commenced prior to July 22, 1998.  Further, the             
          burden of proof is irrelevant in this case because there are no             
          material facts in dispute.  See Nis Family Trust v. Commissioner,           
          115 T.C. 523, 537-538 (2000); Corcoran v. Commissioner, T.C.                
          Memo. 2002-18, affd. 54 Fed. Appx. 254 (9th Cir. 2002).                     





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