Richard Wos - Page 5

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          issue for additions to tax under sections 6651(a)(1) and 6654(a).           
               On March 7, 2003, petitioner submitted a document to the               
          Court entitled “Trial Memorandum of Petitioner” that the Court              
          had filed (petitioner’s trial memorandum).  Petitioner’s trial              
          memorandum contained various statements, contentions, and argu-             
          ments with respect to what constitutes income for tax purposes              
          that the Court found in an Order dated March 10, 2003 (March 10,            
          2003 Order) to be frivolous and groundless.  In the Court’s March           
          10, 2003 Order, the Court reminded petitioner about section                 
          6673(a)(1) and informed him that if he continued to advance                 
          frivolous and/or groundless statements, contentions, and argu-              
          ments, the Court would be inclined to impose a penalty on him               
          under section 6673(a)(1).                                                   
                                     Discussion                                       
               Respondent concedes that the examination of the years at               
          issue commenced after July 22, 1998.  Consequently, respondent              
          has the burden of production under section 7491(c) with respect             
          to the additions to tax determined in the notice under sections             
          6651(a)(1) and 6654(a).  As for whether petitioner’s burden under           
          Rule 142(a) and Welch v. Helvering, 290 U.S. 111, 115 (1933), of            
          proving error in respondent’s determinations relating to his net            
          profit for each of the years at issue from his washing machine              
          repair business, his pension income for 1997, and the 10-percent            
          additional tax under section 72(t)(1) has shifted to respondent             






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