Brian Hilvety - Page 7

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          section 6501 for that year had expired.                                     
                                     Discussion                                       
               Petitioner has introduced no credible evidence with respect            
          to any factual issue relevant to ascertaining whether the deter-            
          minations in the notice are erroneous.  We find that petitioner             
          has the burden of proving that those determinations are wrong.              
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); sec.             
          7491(a).                                                                    
               Petitioner proffered no evidence and advanced no argument              
          establishing that respondent’s determination that he had wage               
          income for 1997 totaling $26,690 is in error.  Indeed, petitioner           
          concedes in the parties’ stipulation of facts in this case that             
          he had that amount of wage income for that year.                            
               Nor has petitioner proffered any evidence or advanced any              
          argument establishing that respondent is wrong in determining               
          that he is liable for his taxable year 1997 for additions to tax            
          under sections 6651(a)(1) and 6654(a).4                                     
               We now turn to section 6673(a)(1), a provision that the                
          Court brought to petitioner’s attention several times both before           
          and during the trial in this case.  The Court specifically                  
          advised petitioner before and during trial that the questions,              

               4Petitioner conceded on cross-examination at trial and in              
          petitioner’s supplement to petitioner’s trial memorandum that he            
          did not file a return for his taxable year 1997.  We conclude               
          that respondent has satisfied respondent’s burden of production             
          under sec. 7491(c).                                                         





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