- 3 - whether respondent had met his burden of proof. Id. at 1021- 1022. The Court of Appeals stated: Our application of 26 U.S.C. � 7491(a) in the present case does not resolve the merits of the deficiency issues. On the record before us, we cannot determine whether the Commissioner has met his burden of proof. It is not sufficient to summarily conclude that the outcome is the same regardless of who bears the burden of proof; if that were the case, � 7491(a) would have no meaning. We therefore remand the case to the tax court for further proceedings on the merits. On remand, the tax court may reconsider all of the evidence properly before it or hold a new hearing. In either case, the tax court is instructed to make new findings of fact in light of the shifted burden of proof. If the same conclusion is reached by the tax court without a new hearing, an explanation is warranted as to how the existing record justifies the conclusion that the Commissioner has met his burden of proof. [Id. at 1022.] After the remand, we afforded the parties an opportunity for a new hearing. The parties agreed, however, that a new hearing was unnecessary and requested that we reconsider the case on the existing record after further briefing. Background Facts with respect to this case were found in our original opinion in Griffin v. Commissioner, T.C. Memo. 2002-6. Those facts, which are not in dispute, are incorporated by this reference. Petitioners owned all the stock of Griffin California Enterprises, Inc. (Griffin California), an S corporation. In turn, Griffin California held a 60-percent interest in each ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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