- 20 - that petitioner had caused to be deposited in Interservice's account. The Interservice check to petitioner's wife as a purported loan payment, standing alone, is insufficient without supporting documentation or a credible explanation as to why petitioner's wife would make loans in excess of half a million dollars to Interservice, particularly when Interservice did not build any homes. Petitioner has failed to give a credible explanation of why deposits that are purportedly loans from his wife would have come from Cable Leon or his daughter. Esquivel's testimony that she traveled to Mexico just to compare numbers is not credible. The evidence is clear and convincing that the stipulated amounts received by petitioner and amounts petitioner received as deposits to Interservice constituted income and not loans. Thus, respondent has proven an understatement of income. Even in criminal cases, where the Government bears the burden of proof beyond a reasonable doubt, proof of unreported income is sufficient to establish an underpayment of tax absent proof by the taxpayer of offsetting expenses. See, e.g., United States v. Hiett, 581 F.2d 1199, 1202 (5th Cir. 1978); Elwert v. United States, 231 F.2d 928, 933-936 (9th Cir. 1956); United States v. Bender, 218 F.2d 869, 871 (7th Cir. 1955). A fortiori, that proof is sufficient in this civil case. Respondent has established a likely source of income, petitioner's business interests in Mexico. RespondentPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011