- 8 - assertions therein. However, unsupported statements in a brief and exhibits that have not been properly admitted into evidence at trial do not constitute competent evidence. Rule 143(b); Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992); Viehweg v. Commissioner, 90 T.C. 1248, 1255 (1988); Castro v. Commissioner, T.C. Memo. 2001-115. Petitioners also complain in their brief that Becky was “not permitted to speak”. The Court did not permit Becky to speak on behalf of petitioners at calendar call, as she had not entered an appearance on their behalf and was not herself a party.6 However, petitioners were free to call Becky as a witness at the trial but failed to do so. The absence of her testimony is accordingly a circumstance of their own making. II. Burden of Proof Petitioners contend that, pursuant to section 7491(a), the burden of proof has shifted to respondent with respect to all outstanding issues. Generally, the burden of proof is on the taxpayer to show that the Commissioner’s determinations are erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). However, subject to certain limitations, section 7491(a) shifts the burden of proof to the Commissioner with respect to any factual issue 6 Becky’s status as a party had been specifically addressed before trial as a result of respondent’s motion to dismiss her as a party for lack of jurisdiction, which was granted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011