- 14 - against Dr. Trowbridge, which we took under advisement pending respondent’s filing of a (subsequently filed) written motion for default (the default motion). Respondent proceeded to trial on the remaining amounts at issue (i.e., the additional 1996 deficiency and the additions to tax).9 OPINION I. The Default Motion By the default motion, respondent moves that Dr. Trowbridge be held in default and that a decision be entered that there are deficiencies in tax with respect to him for 1996 and 1997 in the amounts of $146,847 (the initial 1996 deficiency) and $211,508 (the 1997 deficiency), respectively, and that a decision be entered that there are no deficiencies in tax with respect to Life Center and Life Choices. Respondent moves in the alternative that Life Center be held in default and that a decision be entered that there are deficiencies in tax with respect to Life Center for 1996 and 1997 in the amounts of $23,195 and $476,918, respectively, and that Life Choices be held 9 Respondent bears the burden of proof (i.e., the ultimate burden of persuasion) with respect to the additional 1996 deficiency and the portions of the asserted additions to tax attributable thereto. See Rule 142(a). Respondent bears the burden of production (i.e., the burden of moving forward with evidence) with respect to the additions to tax asserted against Dr. Trowbridge in their entirety. See current sec. 7491(c). Since respondent decided to proceed to trial on those issues to satisfy his evidentiary burdens, we need not decide whether he was required to do so in this default setting.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011