-3- 6662; (6) whether petitioner is liable for the fraudulent failure to file addition to tax under section 6651(f) for 2003, or alternatively an addition to tax under section 6651(a)(1); (7) whether petitioner is liable for additions to tax under section 6651(a)(1) for 2000, 2001, and 2002; and (8) whether petitioner is liable for an addition tax under section 6654(a) for 2003. FINDINGS OF FACT Petitioner resided in Vacaville, California, at the time he filed the petition. In his answer, respondent alleged the facts on which he relied to support his determination of the deficiencies, penalties, and additions to tax for the years at issue. Petitioner did not file a reply to respondent’s answer. On July 19, 2006, respondent filed a motion under Rule 37(c) for an order that undenied allegations in the answer be deemed admitted. In petitioner’s response to the motion, he refused to respond to the affirmative allegations based on his assertion of the Fifth Amendment privilege against self-incrimination.3 The Court found this argument meritless. Petitioner did not respond to the substance of the affirmative allegations. On September 1, 2006, the Court granted respondent’s motion and deemed admitted the undenied affirmative allegations of fact contained in 3Petitioner attempted to use a generalized fear of self- incrimination to avoid responding to respondent’s affirmative allegations. “A taxpayer cannot base his failure either to cooperate with the IRS or to produce records on a generalized fear of self-incrimination.” Edelson v. Commissioner, 829 F.2d 828, 832 (9th Cir. 1987), affg. T.C. Memo. 1986-223.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007