- 44 - generalized statements about the use of currency to make purchases. Both Broskin and Bohn testified about Kenmore’s use of cash, including the extensive “recycling” of cash to pay for purchases. We are satisfied from the record in the instant cases that any such purchases not reflected in our Findings of Fact would be matched by gross receipts that were not deposited into Kenmore’s Account, and so were not included in our Findings of Fact as to Kenmore’s gross receipts. Petitioners have not directed our attention to, and we have not found, any additional costs of purchases that would have reduced the net of Kenmore’s gross receipts minus its purchases. Respondent need not prove that Kenmore did not have the offsetting deductions that petitioners assert in conclusory terms. Once the Commissioner has presented clear and convincing evidence of unreported gross receipts, the taxpayer has the burden of coming forward with evidence as to offsetting deductions claimed by the taxpayer, even in criminal cases where the Government must prove a deficiency beyond a reasonable doubt. E.g., United States v. Campbell, 351 F.2d 336, 338-339 (2d Cir. 1965); Elwert v. United States, 231 F.2d 928, 933 (9th Cir. 1956); see also Reiff v. Commissioner, 77 T.C. 1169, 1175 (1981).14 14 This rule is independent of the general rule applicable to civil cases in which the taxpayer has the burden of proving entitlement to deductions before they may be allowed. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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