Kondamodi S. Rao and B. Satyaveni Rao - Page 21

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          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.           






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