- 9 - the Court reminded petitioner about the Court’s September 5, 2002 Order, in which the Court had indicated that it would be inclined to impose a penalty not in excess of $25,000 on her pursuant to section 6673(a)(1) if she continued to make frivolous and/or groundless statements, contentions, and/or arguments. Discussion We turn first to respondent’s motion to dismiss for lack of prosecution. It is respondent’s position that petitioner has the burden of proof on the determinations in the notice which that motion addresses because petitioner failed to cooperate with respondent in the preparation of this case for trial. Petitioner does not dispute respondent’s position. On the record before us, we agree with respondent that petitioner bears the burden of proof with respect to the determinations in the notice. See sec. 7491(a)(1) and (2)(B). Neither petitioner nor any authorized representative of petitioner appeared at the hearing on October 9, 2002, on respon- 7(...continued) 2 and 21 of the Internal Revenue Code in States of the Union? (26 U.S.C. � 7701(a)(1)(A)) 5. What order, agreement, contract or other such legal document or device does the Internal Revenue Service have that authorizes examination and collection activ- ity on behalf of the “delegate” of the Secretary, as defined at 26 U.S.C. � 7701(a)(12)(A), in States of the Union? See �� 1001(b)(2) of P.L. 105-206.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011