John R. Rinn and Donnie J. Rinn - Page 11

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          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.                  






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