- 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).Page: Previous 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 Next
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