Paul F. and Barbara J. Basile - Page 12

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          have not only failed to carry their burden, but they have                   
          defaulted within the meaning of Rule 123(a).                                
               Pursuant to Rule 123(a), we may hold any party in default              
          when that “party has failed to plead or otherwise proceed as                
          provided by these Rules or as required by the Court”, and                   
          “Thereafter the Court may enter a decision against the defaulting           
          party”.  The action or inaction of a taxpayer that constitutes              
          sufficient grounds to apply Rule 123(a) is a matter within our              
          discretion, and we have consistently given Rule 123 broad                   
          applicability.  See, e.g., Smith v. Commissioner, 91 T.C. 1049,             
          1056 (1988) (default where taxpayer failed to communicate with              
          the Court, to appear at trial, to participate in preparation of             
          case for trial, and to comply with the requirements of Rule 91(a)           
          with regard to preparation of a stipulation of facts), affd. 926            
          F.2d 1470 (6th Cir. 1991); Stringer v. Commissioner, 84 T.C. 693,           

               2(...continued)                                                        
          Appeals for the Third Circuit in regard to respondent’s                     
          determination that the Basiles failed to report income.  Golsen             
          v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th               
          Cir. 1971).  Because the facts alleged by respondent in his                 
          answer to the Basiles’ petition and the deemed admissions provide           
          sufficient evidence linking the Basiles to the unreported income,           
          the presumption of correctness applies to respondent’s                      
          determination, and petitioners bear the burden of proof that                
          respondent’s determination is erroneous.  See Bosurgi v.                    
          Commissioner, 87 T.C. 1403, 1409 (1986) (“The entry of a default            
          has the effect of admitting all well-pleaded facts in                       
          respondent’s answer, and a default judgment must be supported by            
          respondent’s well-pleaded facts.”); Smith v. Commissioner, 91               
          T.C. 1049, 1057 (1988) (The establishment of respondent's                   
          well-pleaded facts through a default is no different than                   
          establishing such facts through deemed admissions), affd. 926               
          F.2d 1470 (6th Cir. 1991).                                                  




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