- 10 - Discussion This case is part of a larger group of cases involving cattle and sheep breeding partnerships organized by Mr. Hoyt. For a description of the Hoyt organization and its operation, see e.g., Barnes v. Commissioner, T.C. Memo. 2004-266; River City Ranches #1, Ltd. v. Commissioner, T.C. Memo. 2003-150; Mekulsia v. Commissioner, T.C. Memo. 2003-138, affd. __ F.3d __ (6th Cir. Nov. 18, 2004); River City Ranches #4, J.V. v. Commissioner, T.C. Memo. 1999-209, affd. 23 Fed. Appx. 744 (9th Cir. 2001); Mitchell v. Commissioner, T.C. Memo. 1995-411. The Commissioner’s determinations in a notice of deficiency are generally presumed correct, and the taxpayer must prove those determinations wrong in order to prevail. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).4 In this case, in which the correctness of respondent’s determinations of tax has been conceded, the burden is on petitioners to show that the additions to tax and accuracy-related penalties should not apply. Petitioners did not appear at trial and did not testify as to facts underlying their investment in the Hoyt cattle operation 4 Sec. 7491, which under some circumstances shifts the burden of proof or production to the Commissioner, is inapplicable in this case. Sec. 7491 applies only to court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727. Respondent’s examination of petitioners’ 1994 return began before Aug. 16, 1996, and their 1995 return was examined before Feb. 24, 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011