- 45 - however, to address these errors and to provide alternative analyses. The errors do not invalidate respondent’s use of the bank deposits method in these cases, which was necessitated by petitioners’ failure to maintain adequate books and records for themselves as well as for the corporations that they owned and controlled. Petitioners’ vague assertions, unsupported by corroborating records or documents, are not reliable or persuasive. If documentation existed, it should have been produced in response to discovery and/or exchanged with respondent in accordance with the Court’s Standing Pretrial Order and the Court’s Orders of August 14, 2003. Therefore, except to the extent discussed above, respondent’s determinations of petitioners’ income for the years in issue are sustained. Additions to Tax and Accuracy-Related Penalties Respondent determined an addition to tax under section 6651(a)(1) with respect to the Mansours for 1996 and with respect to the Gownis for 1999 as a result of their failure to file timely returns for those years. Petitioners have presented neither evidence nor argument regarding the addition to tax. The Commissioner has the burden of production under section 7491(c) and must come forward with sufficient evidence indicating that it is appropriate to impose the penalty. Respondent has met that burden of production in these cases by showing that the returns were late. Respondent determined the addition to tax for late filing for the Mansours because the Mansours’ 1996 returnPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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