- 7 - Section 7491 does not place the burden of proof on respondent in this proceeding for at least two reasons. First, petitioners did not testify, call any witnesses, or otherwise introduce any evidence–-much less credible evidence--to show error in respondent’s determinations of their proper income tax liability.8 Second, petitioners obdurately refused to cooperate with respondent’s numerous requests for records, information, documents, and interviews. Ultimately, in a summons enforcement proceeding, a Federal District Court put Mr. Rinn in jail for his noncompliance. Only then did Mrs. Rinn finally produce the records that respondent had requested. At trial, petitioners submitted a document wherein they contend that the Fifth Amendment privilege against self- incrimination relieves them of any duty to cooperate with respondent’s requests for information. Apart from submitting this document, however, petitioners have not expressly invoked any Fifth Amendment privilege against testifying in this proceeding, nor have they alleged any reasonable expectation that testifying in this proceeding or cooperating with respondent’s 8 The parties stipulated some facts, including certain joint exhibits, consisting primarily of the notices of deficiency (to which are appended extensive workpapers upon which the deficiency determinations were based) and petitioners’ 1993 and 1994 joint Federal income tax returns. None of the stipulations or associated exhibits tend to show any error in respondent’s determinations, apart from those respondent has conceded in this proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011