Glen B. Silver - Page 5

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          petitioner’s objection, under rules 803(8), 803(10), and 902(1),            
          Federal Rules of Evidence.                                                  
               Petitioner has failed to present any reasonable dispute with           
          respect to any item included in the notices of deficiency for               
          2001 and 2002.  In these circumstances, respondent was entitled             
          to rely on the third-party information.  See sec. 6201(d); Parker           
          v. Commissioner, 117 F.3d 785 (5th Cir. 1997).  Petitioner had              
          the burden of identifying and proving any deductions to which he            
          might be entitled.  See, e.g., Rockwell v. Commissioner, 512 F.2d           
          882 (9th Cir. 1975), affg. T.C. Memo. 1972-133.  He failed to do            
          so and has not shown that respondent’s determination is in any              
          way erroneous.                                                              
               The Forms 4340 also satisfy respondent’s burden of                     
          production with respect to the additions to tax in issue.  See              
          sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-449                 
          (2001).                                                                     
               Section 6673(a)(1) provides:                                           
               SEC. 6673.  SANCTIONS AND COSTS AWARDED BY COURTS.                     
                    (a) Tax Court Proceedings.--                                      
                         (1) Procedures instituted primarily for                      
                    delay, etc.–-Whenever it appears to the Tax Court                 
                    that--                                                            
                              (A) proceedings before it have been                     
                         instituted or maintained by the taxpayer                     
                         primarily for delay,                                         
                              (B) the taxpayer’s position in such                     
                         proceeding is frivolous or groundless, or                    





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