- 2 - 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011