Ernesto H. Monroy - Page 20

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          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.  Respondent                      




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