Raymond E. Vogt, Jr. - Page 3




                                         -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.                        





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