- 3 - incorporated herein by this reference. At the time they filed the petition, petitioners resided in Harbor City, California. On Schedules C, Profit or Loss From Business, of their income tax returns for 1995, 1996, 1997, and 1998, petitioners reported gross receipts from the minimart of $413,145, $437,331, $509,512, and $487,614, respectively. Petitioners signed their 1995 tax return on July 3, 1997, and respondent received their 1995 return on July 14, 1997. Petitioners reported to the State Board of Equalization that their gross receipts from the minimart in 1995 were $419,509. OPINION I. Burden of Proof: Section 7491(a) At the conclusion of the trial, petitioners raised for the first time the issue of the burden of proof shifting to respondent pursuant to section 7491(a). Petitioners’ case was set for trial five times, petitioners received five standing pretrial orders, and petitioners were warned on the record more than once about the consequences of failure to comply with the standing pretrial order. Nonetheless, petitioners failed to comply with several aspects of the standing pretrial order, including failure to submit a trial memorandum. Petitioners did not introduce credible evidence with respect to the factual issues relevant to ascertaining their liability. See sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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