- 9 - at 116-117; Smith v. Commissioner, supra. Petitioner’s course of conduct throughout the proceedings demonstrates that these failures are due to petitioner’s willfulness, bad faith, or fault, and we conclude that dismissal of this case is appropriate. Petitioner has not raised any issue upon which respondent has the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933) (Commissioner’s determinations in the notice of deficiency are presumed correct; taxpayer bears the burden of proving them wrong).5 To reflect the foregoing, An appropriate order of dismissal and decision will be entered. 5Because petitioner has not introduced any credible evidence with respect to any factual issue and has failed to cooperate with respondent’s requests for information, documents, meetings, and interviews, the burden of proof does not shift to respondent. See sec. 7491(a). In addition, respondent has no obligation under sec. 7491(c) to produce evidence that the secs. 6651(a)(1) and 6654(a) additions to tax are applicable because petitioner is deemed to have conceded the additions to tax by failing to assign error to the additions to tax in the petition. See Funk v. Commissioner, 123 T.C. 213, 217-218 (2004); Swain v. Commissioner, 118 T.C. 358, 363-364 (2002). Even if respondent had an obligation to produce evidence of petitioner’s liability for the additions to tax, respondent’s obligation would be satisfied by the deemed admissions.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011