-15- because California had suspended DDL’s powers, rights, and privileges. We noted that California’s action resulted from DDL’s failure to pay its California income taxes. Upon appeal, our decision in David Dung Le, M.D., Inc. v. Commissioner, supra, was affirmed by the Court of Appeals for the Ninth Circuit. OPINION The parties assert, and we agree, that petitioners have the burden of proof as to all issues in this case except the issues of transferee liability and fraud penalties. Respondent bears the burden of proof as to these latter two issues. Secs. 6901(a), 7454(a); Rule 142(b), (d). A. Status of DDL Petitioners argue that petitioner did not operate his medical practice in a corporate form in 1990 and 1991. We disagree. Petitioners agree that petitioner initially conducted his medical practice as a corporation but argue that petitioner abandoned practicing medicine through his corporation when he moved to Orange County. On the basis of the record as a whole, including our observation and perception of petitioner when he testified at trial about this issue, we find petitioner’s testimony incredible and decline to rely upon it to support petitioners’ positions herein.10 Neonatology Associates, P.A. v. 10 For similar reasons, we also find Ms. Le’s testimony incredible and decline to rely upon it to support petitioners’ (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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