Lisa Beth Levine - Page 3

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                                     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).                              





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