Julie K. McCammon - Page 13

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          Rule 149(b) provides in part as follows:                                    
                    (b) Failure of Proof:  Failure to produce                         
               evidence, in support of an issue of fact as to which a                 
               party has the burden of proof and which has not been                   
               conceded by such party’s adversary, may be ground for                  
               dismissal or for determination of the affected issue                   
               against that party.  * * *                                             
               Generally, petitioner has the burden of showing errors in              
          respondent’s determinations.  Rule 142(a).  Section 7491(a)                 
          provides for the burden of proof on respondent if the taxpayer              
          introduces credible evidence with respect to any factual issue              
          relevant to ascertain her liability, has complied with                      
          substantiation requirements, has maintained all records required,           
          and has cooperated with reasonable requests for witnesses,                  
          information, documents, meetings, and interviews.  Petitioner has           
          done none of those things, and the burden of proof remains with             
          her.  Notably, with respect to deductions, petitioner must bear             
          the burden of proof.  See Rockwell v. Commissioner, 512 F.2d 882            
          (9th Cir. 1975), affg. T.C. Memo. 1972-133.  With respect to                
          penalties, section 7491(c) ordinarily imposes the burden of                 
          production on respondent, as discussed below.                               
               While claiming throughout these cases that she did not owe             
          any taxes or wished to settle her tax liability, petitioner has             
          repudiated efforts by respondent’s counsel and by the Court to              
          secure information necessary to a negotiated settlement or to a             
          determination on the merits.  Petitioner seeks “waiver” of the              







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