Dennis C. Gandy - Page 42

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          the investigation was conducted by the Government and through               
          trial of these cases, they did not present any documents or                 
          witnesses that corroborated their claims of substantial                     
          deductible expenses not reported on their tax returns.  As                  
          discussed below, their belated attempts to reconstruct deductions           
          are not persuasive.  Even in criminal tax evasion cases, where              
          the Government bears the greater burden of proof beyond a                   
          reasonable doubt, it is well settled “that evidence of                      
          unexplained receipts shifts to the taxpayer the burden of coming            
          forward with evidence as to the amount of offsetting expenses, if           
          any.”  Siravo v. United States, 377 F.2d 469, 473 (1st Cir.                 
          1967); accord, e.g., United States v. Hiett, 581 F.2d 1199, 1202            
          (5th Cir. 1978); United States v. Garguilo, 554 F.2d 59, 62 (2d             
          Cir. 1977); Elwert v. United States, 231 F.2d 928, 933 (9th Cir.            
          1956); United States v. Bender, 218 F.2d 869, 871 (7th Cir.                 
          1955); United States v. Link, 202 F.2d 592, 593 (3d Cir. 1953).             
          See Franklin v. Commissioner, T.C. Memo. 1993-184; Barragan v.              
          Commissioner, T.C. Memo. 1993-92, affd. without published opinion           
          69 F.3d 543 (9th Cir. 1995).  Respondent’s burden of proving an             
          underpayment has been satisfied.                                            
               Respondent must also prove fraudulent intent.  This burden             
          is met if it is shown that the taxpayer intended to evade taxes             
          known to be owing by conduct intended to conceal, mislead, or               
          otherwise prevent the collection of such taxes.  Webb v.                    





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