- 21 - issuers; Mr. Raclaw used the word "most" to describe income from Form 1099 issuers, which is true. Dr. Rao may, or may not have, intentionally confused his accountant; the record is not clear, and clear and convincing proof is required to prove fraud. We hold that respondent has not shown, by clear and convincing evidence, that Dr. Rao intended to omit gross income from his tax returns. We are bothered by Dr. Rao's attempt to mislead the IRS agents and lack of record keeping, but we shall not sustain respondent's determination of fraud when we are only left with a suspicion of fraud. Green v. Commissioner, 66 T.C. 538, 550 (1976); see Comparato v. Commissioner, T.C. Memo. 1993- 52. 3. Substantiation of Schedule E Expenses Respondent allowed petitioners Schedule E deductions equal to the gross rents reported in each of the years in issue, that is, $45,000, $46,800, and $104,550 for the years 1986, 1987, and 1988, respectively. Respondent disallowed deductions in excess of gross rents as being unsubstantiated. Petitioners' burden of proving that respondent's determinations in her deficiency notice are erroneous includes the burden of substantiation. See Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Deductions are a matter of legislative grace; petitioners have the burden of showing that they are entitled to any deduction claimed. New Colonial Ice Co.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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