Estate of Jerry Weiss, Deceased, Naomi Weiss, Executor, and Naomi Weiss - Page 8

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          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.                     






















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