- 3 - Background This case was submitted to the Court fully stipulated pursuant to Rule 122. Petitioner resided in Berwyn Heights, Maryland, when she filed her petition in this case. A. Service Provided to the State Department Pursuant to Personal Service Contracts On June 30, 1998, petitioner entered into a personal service contract with the State Department to provide full-time services to the Office of Foreign Buildings Operations (FBO), Office of Operations and Post Support, Safety Division, as an industrial hygienist from July 5, 1998, to July 3, 1999. On July 2, 1999, petitioner entered into a second personal service contract with the State Department to provide full-time services as an industrial hygienist from July 4, 1999, to July 1, 2000. 1(...continued) affd. without published opinion 872 F.2d 411 (3d Cir. 1989); Cozzi v. Commissioner, 88 T.C. 435, 443-444, (1987); Jackson v. Commissioner, 73 T.C. 394, 401 (1979); Westby v. Commissioner, T.C. Memo. 2004-179. In any case in which both parties have satisfied their burdens of production by offering some evidence, then the party whose position is supported by the weight of the evidence will prevail regardless of which party bore the burden of persuasion. Blodgett v. Commissioner, 394 F.3d 1030, 1039 (8th Cir. 2005), affg. T.C. Memo. 2003-212. Consequently, a shift in the burden of persuasion “has real significance only in the rare event of an evidentiary tie”. Id. In a fully stipulated case such as this, there are no facts in dispute. Hence we decide this case on the weight of the evidence without regard to any burden-shifting rule. See Williams v. Commissioner, 123 T.C. 144 (2004).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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