- 11 - income tax. We see no need to address these frivolous arguments, the likes of which have been addressed and uniformly rejected in many precedents. See, e.g., Takaba v. Commissioner, 119 T.C. 285 (2002); Nestor v. Commissioner, 118 T.C. 162, 167 (2002). On the basis of the evidence in the record and petitioners’ failure to present any relevant evidence, we hold that petitioners received taxable income from Mr. Rinn’s dental practice in the amounts that respondent determined in the notices of deficiency, with proper adjustments to eliminate any double counting of the dental practice income in the computations of petitioners’ separate deficiencies.12 III. Additions to Tax and Penalty Under section 7491(c), the Secretary has the burden of production in any court proceeding with respect to the liability of any individual for any penalty, addition to tax, or additional amount imposed by the Code. Section 7491(c) applies with respect 12 Petitioners have not alleged that respondent erred in treating Mr. Rinn’s dental practice income as community property income or in allocating half of it to Mrs. Rinn. We therefore consider petitioners to have conceded these issues. See Vincent v. Commissioner, T.C. Memo. 1994-345. Nor has Mrs. Rinn sought relief from liability pursuant to sec. 66; accordingly, we deem her to have waived any such claim. As previously noted, respondent concedes that the dental practice income should not be double counted in Mr. and Mrs. Rinn’s taxable incomes and that deficiencies in petitioners’ taxes should be computed as if petitioners had filed separate returns as married persons. We expect the resulting downward adjustments to Mr. Rinn’s deficiencies to be reflected in the Rule 155 computations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011