Ted W. Gleave - Page 44

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          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).                       




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