J.J. Zand - Page 72

                                        - 156 -                                       

          Commissioner, 65 T.C. 87 (1975), affd. per curiam 540 F.2d 821              
          (5th Cir. 1976).  By contrast, the Commissioner has the burden of           
          proof with respect to the issue of fraud with intent to evade               
          tax, and that burden of proof must be carried by clear and                  
          convincing evidence.  Sec. 7454(a); Rule 142(b).  The                       
          Commissioner also has the burden of proof as to the assertion of            
          an additional deficiency.  Rule 142(a).                                     
               Petitioners contend that they have presented sufficient                
          evidence to establish that respondent's determinations were                 
          erroneous, and, therefore, the burden shifted to respondent to go           
          forward with the evidence.  We disagree.  Petitioners have failed           
          to show on this record that respondent's deficiency                         
          determinations were arbitrary and excessive or, for that matter,            
          erroneous.  Respondent's determinations were made after extensive           
          and comprehensive audits and after investigation by special                 
          agents of the Internal Revenue Service for possible criminal                
          income tax evasion.  Judged by any standard, respondent's                   
          determinations were reasonable.  Consequently, the burden of                
          going forward with the evidence did not shift to respondent.  The           
          burden of proof with respect to the deficiencies remained with              
          petitioners.  See Marcello v. Commissioner, 380 F.2d 499, 507               
          (5th Cir. 1967).                                                            









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