- 8 - T.C. 661, 687-688 (1989). In such circumstances, respondent must come forward with evidence establishing a minimal foundation, which may consist of evidence linking the taxpayer with an income-producing activity. Weimerskirch v. Commissioner, supra at 360-361; Petzoldt v. Commissioner, supra at 689. Here, all of the facts upon which respondent relies to link Ms. Kaufman with criminal activity and to demonstrate the amount of misappropriated funds have been deemed admitted by operation of Rule 37(c). It is well established that “Facts deemed admitted pursuant to Rule 37(c) are considered conclusively established and may be relied upon by the government even in relation to issues where the government bears the burden of proof.” Baptiste v. Commissioner, 29 F.3d 1533, 1537 (11th Cir. 1994), affg. T.C. Memo. 1992-198. Based on the deemed admissions in this case, we conclude that there exists no issue of material fact as to Ms. Kaufman’s receipt of unreported income and her liabilities for the income tax deficiencies thereon for 1993 through 1995. Accordingly, we sustain as a matter of law respondent’s determination with respect to the income tax deficiencies in the statutory notice. II. Fraud Penalties Section 6663(a) provides for the imposition of a penalty in “an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud.” In addition, section 6663(b)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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