- 8 - alleging that the determination is arbitrary or excessive. Rather, the estate seeks to reallocate the burden of proof on procedural grounds unrelated to the basis of the determination of the deficiency. Therefore, the cases on which the estate relies do not support reallocating the burden of proof to respondent. III. Conclusion Even if, as the estate contends, respondent effectively denied the estate an Appeals conference, there is no authority to shift the burden of proof under these circumstances. Therefore, we must deny the estate’s motion seeking to reallocate the burden of proof to respondent under Rule 142(a). To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011