- 10 - failures are due to his 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 are presumed correct, and taxpayer bears the burden of proving them wrong).7 Accordingly, we shall grant respondent’s motion to dismiss this case for lack of prosecution, and we shall enter a decision holding that the Appeals Office did not abuse its discretion in determining that respondent may proceed with the proposed collection action. An appropriate order of dismissal and decision will be entered. 7Because petitioner 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).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011