- 22 - that would have increased the taxpayer’s liability; i.e., that the Commissioner relied on section 66(b) to disregard the income attribution consequences of California community property law. Petitioners’ notice of deficiency clearly referenced a determination regarding petitioners’ distributive share of income and loss from involvement in a partnership. Gold Coast was the only partnership reported on petitioners’ 2001 and 2002 individual income tax returns. The adjustments in the notice of deficiency clearly stem from respondent’s determination that the changes in petitioners’ amended 2001 and 2002 income tax returns were improper. We therefore find petitioners’ reliance on Shea misplaced and decline to shift the burden of proof to respondent. IV. Petitioners’ Request for Judicial Notice Petitioners request that we take judicial notice of the contents of respondent’s Form 1065 and the instructions thereto. Although it is not clear from petitioners’ request, we assume the request relates to the forms and instructions for 2001 and 2002. This Court routinely takes judicial notice of the contents of the Commissioner’s official publications as published by the U.S. Government Printing Office. See, e.g., Nicklaus v. Commissioner, 117 T.C. 117, 118 n.2 (2001); Westcott v. Commissioner, T.C. Memo. 2006-245; Boltinghouse v. Commissioner, T.C. Memo. 2003-134 n.2; Stafford v. Commissioner, T.C. Memo. 1997-50, affd. 146 F.3d 868 (5th Cir. 1998). We will do so here.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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