Claire C. Meade, Petitioner and James W. Meade, Intervenor - Page 2

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          findings of fact and conclusions of law were filed and served               
          upon the parties on November 25, 2005.  Neither party filed                 
          anything in response to the recommended findings of fact and                
          conclusions of law.                                                         
               We are mindful in reviewing Chief Special Trial Judge                  
          Panuthos’s recommended findings of fact that new Rule 183(d)                
          provides we shall give due regard to the circumstance that the              
          Special Trial Judge had the opportunity to evaluate the                     
          credibility of witnesses and shall presume the findings of fact             
          recommended by the Special Trial Judge to be correct.                       
               We have given appropriate deference to the Special Trial               
          Judge’s recommended findings of fact.  We have made major changes           
          to his conclusions, however, taking into account subsequent                 
          decisions by the U.S. Courts of Appeals for the Eighth and Ninth            
          Circuits and by this Court.  See Sjodin v. Commissioner, 174 Fed.           
          Appx. 359 (8th Cir. 2006), vacating and remanding per curiam T.C.           
          Memo. 2004-205; Bartman v. Commissioner, 446 F.3d 785 (8th Cir.             
          2006), affg. in part and vacating in part T.C. Memo. 2004-93;               
          Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006), revg. 118             
          T.C. 494 (2002), vacating 122 T.C. 32 (2004); Billings v.                   
          Commissioner, 127 T.C. ___ (2006).  The recommended findings of             
          fact and conclusions of law of Chief Special Trial Judge                    

               1(...continued)                                                        
          Practice and Procedure, and all section references are to the               
          Internal Revenue Code.                                                      





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